Bombay High Court: CrPC Applies in Customs Act Investigations, Petitioners' Rights Protected

The High Court of Bombay ruled that the provisions of the Criminal Procedure Code (CrPC) apply during investigations under the Customs Act. The court issued directions for the Petitioners to cooperate with the investigation, including not being arrested without following CrPC procedures, appearing before authorities as required, and allowing their advocate to accompany them during interrogation. The court also ordered videograph recording of the Petitioners' statements and examinations during the investigation, with costs to be borne by the Petitioners and denied them the right to a copy of the recording unless ordered by the Court.

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Issues:
- Applicability of CrPC provisions during Customs Act investigation

Analysis:
The High Court of Bombay addressed the issue of whether the provisions of the Criminal Procedure Code (CrPC) are applicable during investigations under the Customs Act. The court noted that Division Benches of the Court had passed interim orders regarding the manner of conducting investigations due to the issue being considered by the Apex Court. The Respondent's counsel referred to an order by the Apex Court, arguing that the Division Benches' orders need not be followed anymore. However, upon examining the Apex Court's order, the High Court found no reason to deviate from its previous orders. Consequently, the High Court decided to pass an ad-interim order similar to a previous order in a related matter. The directions included that the Petitioner should not be arrested without following CrPC procedures, while also cooperating with the investigation by responding to notices and summons.

The High Court further directed the Petitioners to be present before the Customs Authorities or DRI as required, with specific instructions for one of the Petitioners to appear on a designated date and time. The court allowed the Petitioners' advocate to accompany them during interrogation, following a general direction from the Supreme Court in a previous case. Additionally, based on a statement recorded by the Apex Court in a different case, the High Court ordered the videograph recording of the Petitioners' statements, examinations, and goods during the investigation, with the cost to be borne by the Petitioners. The Petitioners were not entitled to a copy of the recording unless ordered by the Court. Finally, the High Court listed the current Writ Petition along with several other related matters for a future date.

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