TMI Blog2008 (3) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... efence witness – the case of the petitioner is squarely covered by the judgment of this court in the case of Tar Balbir Singh - The respondents are directed to examine and record the evidence of the petitioner at their office at Ludhiana. - 43132-M of 2007 - - - Dated:- 19-3-2008 - Vinod K. Sharma, J. Shri Piyush Kant Jain, Advocate, for the Petitioner. Shri Ashwanie Kumar Bansal, Advocate, for the Respondent. [Order (oral)].- This Criminal Misc. under Section 482 of the Code of Criminal Procedure has been moved for directions to the respondent to record the statement of the petitioner in pursuance of summons dated 6-6-2007 attached as Annexure P.10 issued by the respondent under Section 108 of the Customs Act, 1962 (for sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial Crl. Application No.1041 of 2007 before Hon'ble High Court of Gujarat in which he challenged criminal proceedings initiated against to be in violation of Section 202 Cr. P.C. 6. The petitioner challenged Section 108 of the Act to be ultra vires to the Article 14 of the Constitution of India as to the extent that required the person residing far away to attend to a proceeding to give evidence or to produce documents. The plea of the petitioner did not find favour with the Hon'ble High Court of Gujarat and the said petitions were dismissed. 7. The petitioner has now come to this court with a plea that in pursuance to the powers conferred under Section 108 of the Act, the Custom Authorities can examine the petitioner and he is wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gating officer is supposed to take the entire record to Chandigarh, can hardly be accepted as a legal ground for the DRI officers to summon the petitioner to Bombay to make a statement. A citizen would only be put to harassment if he is being summoned to far off place, just to meet the whims of the officers of the DRI. 8. It is conceded by the learned counsel for the petitioner that DRI does not have any office at Chandigarh, but has its office at Jalandhar. I hereby give a direction that the petitioner shall be examined at Jalandhar on a date to be fixed by the investigating officer, by giving an advance notice of 15 days. The petitioner shall have the right to have the assistance of Advocate's presence at the time of recording his sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by a subordinate court the High Court made the position worse for the aggrieved party. The officials of the Directorate are now injuncted by the Division Bench from arresting the respondent and the time and places for carrying out the interrogations were also fixed by the Division Bench. Such kind of supervision on the enquiry or investigation under a statute is uncalled for. We have no doubt that such type interference would impede the even course of enquiry or investigation into the serious allegations now pending. For what purpose the Division Bench made such interference with the junctions of the statutory authorities, which they are bound to exercise under law, is not discernible from the order under challenge. It is not the function o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
