Witness under Customs Act must appear; job security concerns not enough. Court emphasizes investigating officer's discretion.

The Court held that the witness summoned under Section 108 of the Customs Act cannot seek exemption solely based on job security concerns. It emphasized the investigating officer's discretion to require physical presence when necessary for the inquiry's progress. Safeguards were ordered to prevent abuse, including videotaping the examination process. The Court addressed the witness's fears by allowing legal remedies and monitoring through closed-circuit cameras. Ultimately, the petition was disposed of, mandating the witness's appearance while ensuring a fair examination process and protecting against mistreatment.

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Issues:
1. Whether the witness can seek exemption from physical appearance in response to a summons under Section 108 of the Customs Act.
2. Balancing the interests of the investigating agency and the summoned witness regarding the necessity of physical presence.
3. Safeguarding the witness from physical abuse during the investigation process.
4. Addressing the concerns of the witness regarding potential mistreatment and ensuring a fair examination process.

Issue 1: Exemption from Physical Appearance
The petitioner, working in the UAE, was summoned under Section 108 of the Customs Act but expressed inability to visit India due to job security concerns. The petitioner's counsel argued that physical appearance is not mandatory and suggested alternatives like a questionnaire or video-conference. However, the Court held that the officer can insist on the witness's presence if deemed necessary for the investigation's progress.

Issue 2: Balancing Interests
The Court emphasized the officer's discretion in requiring physical presence for justifiable reasons during an investigation. It maintained that the witness cannot seek exemption when the authority deems physical presence essential. The Court highlighted the need for unhindered investigation within legal bounds while respecting the witness's rights.

Issue 3: Safeguarding Against Abuse
To prevent physical violence or torture, the Court directed the Department to ensure the witness is not subjected to any form of mistreatment during the inquiry. It ordered the videotaping of the examination process without audio to maintain confidentiality while verifying the absence of physical abuse.

Issue 4: Fair Examination Process
Addressing the witness's fear of being treated as an accused, the Court allowed seeking legal redressal like anticipatory bail if needed. The petitioner's request for closed-circuit camera recording was granted to monitor the witness's entry, examination duration, and exit to prevent potential mistreatment. The Court also permitted the counsel's presence outside the examination room to oversee a fair and timely process.

In conclusion, the Court disposed of the writ petition, mandating the witness's appearance while ensuring a lawful examination process and safeguarding against physical abuse. The judgment balanced the interests of the investigating agency and the witness, emphasizing the importance of respecting the witness's rights and maintaining investigative integrity.

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