2019 (9) TMI 137

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....titioner in the presence of a lady officer. (iii)   Issue a writ of Mandamus or order or direction to the 4th respondent to record the statement by giving the questions in writing and a copy of the statement so recorded shall be handed over to the petitioner. (iv)   Issue a writ of Mandamus or order or direction to the 4th respondent to record the statement in the presence of her Counsel or her parents. (v)     Issue a writ of Mandamus or order or direction to the 4th respondent to appear before the 4th respondent through an authorised agent." 2. Heard Sri R. Kishore, Learned Counsel for the petitioner, Sri P. Vijayakumar, Learned ASGI for the 1st respondent (Union of India) and Sri S. Man....

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....uld submit that it has been now well settled by a series of Rulings of the Apex Court that a person, who has been summoned as a witness in a crime registered under the Customs Act, has no right in law to demand that the questioning of the witness is to be done in the presence of a lawyer. Further, Sri R. Kishore, Learned Counsel for the petitioner, would submit that as per the provisions of Section 108(3) of the Customs Act, all persons so summoned shall be bound to attend either in person or by an authorised agent, as such officer may direct and therefore, the statutory provisions contained in the Customs Act confer a right on a person summoned only as a witness to appear before the officer concerned either in person or through the authori....