Section 108 Customs interrogation cannot compel direct answers, but the witness must still appear and cooperate.

A person examined under Section 108 of the Customs Act must answer the questions put by the officer, and any claimed lapse of memory or evasive response may be recorded by the officer, who may draw lawful inferences. The person cannot, however, be compelled to refresh memory and answer only in direct affirmative or negative terms, because the response must be recorded as actually given, along with any relevant observations on demeanour. A direction insisting on direct and non-evasive answers was therefore not sustainable, but the obligation to appear and cooperate with interrogation remained intact.

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Issues: Whether a person examined under Section 108 of the Customs Act can be directed to answer questions in direct terms without taking recourse to a plea of failure of memory or evasive replies.

Analysis: The obligation under Section 108 is to answer the questions put by the officer, and any claimed lapse of memory may be recorded by the officer conducting the interrogation. The officer may then draw such consequences and inferences as are available in law. However, the person being questioned cannot be compelled to refresh memory and answer only in affirmative or negative terms, since the manner of response must be faithfully recorded as given, with observations about demeanour also capable of being recorded by the officer.

Conclusion: The direction requiring direct and non-evasive answers was not sustainable, while the requirement to appear and cooperate with interrogation remained undisturbed.

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