LGW LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner's main grievance in this writ petition is that their Managing Director is being repeatedly summoned to Varanasi for the purpose of production of documents and giving evidence in connection with the proceedings initiated under the Customs Act. The petitioner's case is that in respect of the same consignment imported, proceeding against the petitioner-company is going on in Kolkata also. His further case is that the Managing Director of the petitioner-company at Varanasi has no knowledge as regards the operation of the Company at Varanasi and the petitioner wants to send the Officer having direct knowledge of the affairs of the Company at Varanasi.

(2.) Having heard Mr. Chowdhury for the petitioner and Mr. Ali for the respondents, I am of the opinion that this Court cannot determine the manner in which an investigation has to be carried out and to whom the Investigating Officer shall issue summons. That is within the domain of the Investigating Agency. However, in the event any Officer of the petitioner-company has genuine difficulty in reaching Varanasi on the date specified in the summons, then he may make representation before the appropriate authority. It is submitted that a representation has already been made, which has been annexed to the writ petition at pages 180 to 183. Let the appropriate authority consider the same and take decision in this regard in accordance with law and a reasoned order may be passed on such representation. The petitioner is also making complaint that the travelling cost of visit of the witnesses is being defrayed by the respondents. That aspect of the matter shall also be examined by the concerned authority.

(3.) With this direction the instant writ petition is disposed of at this stage only without calling for any affidavit to which Mr. Ali is agreeable. The allegations made in the writ petition shall be deemed to have been denied.