Petitioner Must Attend Customs Act Questioning; Woman Officer Presence Ordered

The Court held that the petitioner, a BDS student, could not appear through an authorized agent and must personally attend questioning under the Customs Act. However, the Court ordered a woman Customs officer to be present during the petitioner's statement recording to address concerns of potential harassment. The respondent's discretion to decide on personal appearance or representation was upheld, emphasizing the necessity of the petitioner's presence as a witness. The Court disposed of the petition with directions for the presence of a woman officer during the questioning process.

---

---

Issues:
1. Petitioner seeks writ of Mandamus to prevent harassment during statement recording under Customs Act.
2. Petitioner requests statement recording in presence of a lady officer.
3. Petitioner asks for written questions and a copy of recorded statement.
4. Petitioner demands statement recording in presence of counsel or parents.
5. Petitioner wants to appear before the respondent through an authorized agent.

Analysis:
1. The petitioner, a BDS student, filed a writ petition due to her husband's arrest in a crime related to the Customs Act. She expressed concerns about being summoned by the 4th respondent and feared harassment. The respondent argued that a summoned witness has no right to demand a lawyer's presence during questioning, citing Apex Court rulings. The Court noted the statutory provision in Section 108(3) of the Customs Act, which allows a summoned person to appear either in person or through an authorized agent. The Court accepted the respondent's contention that the personal appearance of the petitioner as a witness was necessary in this case.

2. The respondent emphasized the discretionary power of the officer to decide if the witness must be present in person or through an authorized agent. The officer issued a summons requiring the petitioner's personal presence as a witness. The Court agreed with the respondent that the personal appearance of the petitioner was crucial. However, considering the petitioner's gender, the respondent assured that a woman Customs officer would be present during the petitioner's questioning. The Court recorded this undertaking and ordered that a woman Customs officer must be present throughout the questioning process.

3. The Court, while not granting the petitioner's request to appear through an authorized agent, acknowledged the respondent's assurance regarding the presence of a woman Customs officer during the questioning. Consequently, the Court disposed of the original petition with directions for a woman officer to be present during the petitioner's statement recording.

---