Witness examination in customs investigation may be recorded at a convenient local venue where the court finds relief appropriate.

A person summoned under Section 108 of the Customs Act as a witness, rather than as an accused, may seek examination at a convenient local venue where the court considers such direction appropriate. The High Court accepted that the petitioner was to appear in the customs investigation as a witness and that the investigating agency's usual choice of venue did not bar relief in the proper case. It therefore directed that the petitioner's statement and evidence be recorded at Ludhiana.

---

---

Issues: Whether the petitioner, summoned under Section 108 of the Customs Act, 1962, was entitled to have his statement recorded at Ludhiana instead of the place chosen by the investigating agency.

Analysis: The petition was under Section 482 of the Code of Criminal Procedure, 1973. The Court noted that the petitioner was not an accused person but was to appear as a witness in the customs investigation. In these circumstances, the objection based on the investigating agency's choice of venue did not prevail, and the earlier view relied upon by the petitioner was applied.

Conclusion: The petitioner was entitled to be examined and have his evidence recorded at Ludhiana. The direction to that effect was issued in his favour.

Ratio Decidendi: A person summoned as a witness in a customs investigation may be directed to give evidence at a convenient local venue when the Court finds such direction appropriate, and the fact that the investigating agency ordinarily controls the venue does not preclude such relief in a proper case.

---