Summon u/s 108 is not contrary to the provisions of Cr.P.C.

Pushpalata Bai Vs Directorate of Revenue Intelligence and Another (Telangana High court)

Held that as summoning of the petitioners by the respondents would not amount to taking any coercive steps like arresting them or prosecuting them, but only to proceed forward with the investigation. Such summons not contrary to the provisions of Cr.P.C.

Facts-

During the course of search it was investigated that SKELLP was mis-declaring the export goods and was clandestinely diverting the gold generated out of such mis-declaration into local market. DRI seized 10 kgs., of foreign marked gold bars i.e. 10 gold bars of 1 kg. each, with defaced serial numbers under panchanama dated 03.05.2019. Subsequently, the petitioners received a summons u/s. 108 of the Customs Act. Against the summons, the petitioners approached the HC alleging the summons as illegal and contrary to the provisions of the Cr.P.C., and to direct the respondents to record the statement of the petitioners through video conferencing.

Conclusion-

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