2025 (7) TMI 580

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.....N.S.S., the applicant has challenged validity of the summoning order dated 25.07.2024 passed in DRI Case No. DRI/ZU/CI-26/Int-17/F/2023, under Sections 208 & 210 Bhartiya Nyayik Sanhita, Police Station DRI, District Lucknow as well as the entire proceedings of the aforesaid case pending before the court of the Special Chief Judicial Magistrate (Custom), Lucknow. 3. By means of the order dated 25.07.2024, the Special Chief Judicial Magistrate (Customs), Lucknow has taken cognizance of offences under Sections 208 & 210 BNS and has summoned the applicant. 4. Section 208 BNS provides that whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summon from any public servant legally co....

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....he applicant did not turn up. The applicant's presence is necessary for investigation of the case and non appearance of the applicant in response to the summons issued to him repetitively amounts to an offence under Section 208 & 210 of BNS, 2023. 8. Section 108 of the Customs Act provides as follows:- " 108. Power to summon persons to give evidence and produce documents (1) Any Gazetted Officer of Customs shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry which such officer is making under this Act. (2) A summons to produce documents or other things may be for the production of certain specified do....

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....scription has been brought on record to indicate continued ailment of the applicant during the period repetitive summons were issued to him. Various pathological examination reports of the applicant have been annexed with the petition which do not disclose that the applicant was suffering from any serious ailment during the period in question. On 19.10.2023 the applicant has sent an e-mail in response to the summons dated 16.10.2023 stating that due to some unavoidable reasons unforeseen circumstances, he would not be able to attend hearing on the scheduled date and he sought seven days time to appear and join the investigation as stated in the summons. On 13.10.2023, the applicant sent an e-mail stating that he was suffering from Dengue fe....