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1 - 10 of 25 (0.31 seconds)Section 3 in The National Investigation Agency Act, 2008 [Entire Act]
The National Investigation Agency Act, 2008
The Customs Act, 1962
Article 21 in Constitution of India [Constitution]
The Code of Criminal Procedure, 1973
Illias vs Collector Of Customs, Madras on 31 October, 1968
424. We are afraid, in view of two judgments of the
Constitution Bench of this Court in Ramesh Chandra Mehta v.
State of W.B., (1969) 2 SCR 461, and Illias v. Collector of
Customs, Madras, (1969) 2 SCR 613, the stand of the appellant
cannot be accepted.
Romesh Chandra Mehta vs State Of West Bengal on 18 October, 1968
In
Ramesh Chandra Mehta case, the appellant was searched at the
Calcutta Airport and diamonds and jewelleries of substantial
value were found on his person as also currency notes in a
suitcase with him, and in pursuance to a statement made by him
more pearls and jewellery were recovered from different places.
He was charged with offences under the Sea Customs Act.
During the trial, reliance was placed on his confessional
statements made before the Customs authorities, which was
objected to on the ground that the same were inadmissible in
evidence inter alia in view of the provisions of Article 20(3).
While rejecting the objection, the Supreme Court held that in
order that the guarantee against testimonial compulsion
incorporated in Article 20(3) may be claimed by a person, it has
to be established that when he made the statement in question,
he was a person accused of an offence. Pointing out to the
similar provisions of the Sea Customs Act as in the present Act
and referring to the power of a Customs Officer, in an inquiry
in connection with the smuggling of goods, to summon any
person whose attendance he considers necessary to give
evidence or to produce a particular document the Supreme
Court observed thus: (pp.469-70)
"The expression `any person' includes a person who is
suspected or believed to be concerned in the smuggling of
goods. But a person arrested by a Customs Officer because
W.P.(CRL) 55/2011 Page 16 of 23
he is found in possession of smuggled goods or on suspicion
that he is concerned in smuggling is not when called upon
by the Customs Officer to make a statement or to produce a
document or thing, a person accused of an offence within the
meaning of Article 20(3) of the Constitution. The steps
taken by the Customs Officer are for the purpose of holding
an enquiry under the Sea Customs Act and for adjudging
confiscation of goods dutiable or prohibited and imposing
penalties. The Customs Officer does not at that stage accuse
the person suspected or infringing the provisions of the
Sea Customs Act with the commission of any offence. His
primary duty is to prevent smuggling and to recover duties
of Customs when collecting evidence in respect of
smuggling against a person suspected of infringing the
provisions of the Sea Customs Act, he is not accusing the
person of any offence punishable at a trial before a
Magistrate."