BHAG SINGH Vs. UNION OF INDIA AND ANR.

JUDGEMENT

(1.) All these writ petitions have been filed by different five writ petitioners aggrieved by similar notices issued to them under Section 108 of the Customs Act, 1962 whereby they have been summoned to give evidence.

(2.) Shri Vikas Pawa, learned senior advocate for the petitioners submitted that the petitioners were summoned by notice under Section 108 of the Customs Act, 1962 from the Directorate of Revenue Intelligence in relation to allegedly imported "rough precious stone" discovered by DRI in the raid conducted in the office premises of Sri Sai Logistics, a Clearing House Agent (CHA). The respondents on 18th April, 2018 raided the office premises of CHA and seized documents with regard to 12 consignments that were imported through them.

(3.) Petitioners have approached this Court because they apprehend that if they appear before the respondents, they would be subjected to third degree torture and/or like tactics of torture, threats and physical violence in order to coerce them into making false statement under Section 108 of the Customs Act, 1962. In doing so, the respondents are seeking to decide an outcome beforehand and then subsequently working towards gathering evidence in support of such an outcome, by forcing statements out of innocent people, who are carrying on legitimate business.