High Court orders expedited Customs Act procedures, allows remote statements due to Covid-19

The High Court directed the respondents to expedite the recording of statements and issuance of show cause notices under the Customs Act, allowing the petitioners to surrender in Kerala and record statements via video conferencing due to Covid-19. Efforts were made to comply with the order, but the petitioners' lack of cooperation led to further investigation and non-response to show cause notices. The Court emphasized the need for expeditious proceedings, legal representation, and prompt issuance of addendum to show cause notices to ensure fair adjudication proceedings without prejudicing personal liberty.

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Issues:
1. Petition seeking permission for video conferencing under Customs Act, 1962.
2. Clarification on expeditious issuance of show cause notices under Section 124 of the Customs Act.
3. Contempt petition regarding non-issuance of show cause notices and compliance with judgment.

Issue 1: Petition seeking permission for video conferencing under Customs Act, 1962
The petitioners, residents of Kerala, sought permission to record their statements under Section 108 of the Customs Act, 1962 by video conferencing due to the rise in Covid-19 cases. The High Court of Delhi had permitted the petitioners to surrender in Kerala. The Directorate of Revenue Intelligence (DRI) confirmed the petitioners' detention in Thiruvananthapuram jail and assured expedited recording of statements post-quarantine. The Court directed the respondents to hasten the statement recording and show cause notice issuance under the Customs Act.

Issue 2: Clarification on expeditious issuance of show cause notices under Section 124 of the Customs Act
An application was filed seeking clarification on the order's direction for expeditious issuance of show cause notices under Section 124 of the Customs Act. The respondents contended that no specific timeline was set for compliance, citing legal precedents. Efforts were made to record statements, but the petitioners were uncooperative during interrogation. Show cause notices were issued, but the petitioners did not respond, necessitating further investigation for adjudication proceedings.

Issue 3: Contempt petition regarding non-issuance of show cause notices and compliance with judgment
A contempt petition was filed as show cause notices were not issued post-judgment. The respondents defended their actions, stating efforts were made to conclude the investigation. The Court emphasized expeditious completion of proceedings and directed the petitioners to appear for interrogation with legal representation. The DRI was instructed to issue addendum to show cause notices promptly for efficient adjudication proceedings, ensuring no prejudice to personal liberty.

In conclusion, the judgment addressed the petitioners' request for video conferencing, clarified the timeline for show cause notice issuance, and emphasized the importance of expeditious investigation and legal representation during proceedings under the Customs Act, 1962.

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