2018 (11) TMI 1479

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....esponse to the summons. He pleaded that he could not get permission; if at all he left the UAE without his employer's permission, he would lose his job. Therefore, he wanted to be examined through a questionnaire sent to him or through video-conference. As the Department insisted on his appearance, he has filed this writ petition. 2. Sri P.A. Augustian, the petitioner's counsel, submits that Sibin works for a meager salary abroad. His employer simply instructed him to receive foreign currency from a person coming from India. But that person, on his way to the UAE, was intercepted. Later, based on the information provided by the person intercepted, the Department summoned Sibin's employer, first. 3. Sri Augustian further submit....

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....bmitted that a witness should depose without fear or undue influence. If permission is granted for video-conferencing, it is bound to affect the sanctity of Section 108 statement. And the video-testimony may be given under external influence. He also urges that the Department has unearthed a smuggling racket in foreign currency, and it is detrimental to the nation's economy. Therefore, the Department, according to him, has rightly insisted on Sibin's appearance. 7. The Court queried about Sibin's apprehension: a threat to his physical safety or, as it is popularly put, the third-degree treatment he may receive. In reply, the learned Senior Standing Counsel assures the Court that the authorities will abide by the law, and will c....

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....oned shall be bound to state the truth upon any subject respecting which they are examined or make statements and produce such documents and other things as may be required: Provided that the exemption under section 132 of the Code of Civil Procedure, 1908 (5 of 1908), shall be applicable to any requisition for attendance under this section. (4) Every such inquiry as aforesaid shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860)." 11. As seen from the above extract, an officer of the Customs will have the power to summon any person whose attendance he considers necessary either to give evidence or to produce a document. And under sub-section (3), all pers....

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....s as summoned. But once Sibin appears, the Investigating Officer will examine Sibin strictly under the law. And that process of investigation, the Department will videotape, without any audio, though. So the questioning and the details divulged remain confidential, yet the process ensures that the witness has not been met with any physical abuse. 15. Here, I must mention one fear Sibin underlined before the Court: that on his appearance, Sibin would be treated as an accused and arrested. Law permitting, Sibin is free to seek any other legal redressal such as securing an anticipatory bail if he apprehends arrest or other consequences that affect his liberty. 16. At this juncture, Sibin's counsel has submitted that the Department has be....