sanjay kumar (Advocate) 15 January 2022

custom

DRI caught three accused with 35 pieces of gold biscuits , in that cases namely three accused has got the benifit of sec 167(2) and got bail in that particular case number. Now DRI has noticed them u/s 108 of custom act in which they want physical appearance of all three with enquired documents. Now my question is , can DRI put them custody when they will present physical.

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Aryan Raj 28 January 2022

Dear Sanjay,

Yes, if the officer in charge believes it is required due to a new development in the case, they can be remanded in prison again. The Customs Act of 1962, Section 108. – The authority to summon someone to testify and produce documentation.

Any gazetted officer of customs duly empowered by the Central Government in this regard has the authority to summon any person whose attendance he believes required in any inquiry that such officer is conducting under this Act, either to give testimony or to produce a document or any other thing.

Regards,

Aryan Raj