Custom Act, 1962
108.
Power to Summon Persons to give Evidence and Produce Documents. –
(1)
Any gazetted officer of customs shall have power to summon any person whose
attendance he considers necessary either to give evidence or to produce a
document or any other thing in any inquiry which such officer is making in
connection with the smuggling of any goods.
(2)
A summons to produce documents or other things may be for the production of
certain specified documents or things or for the production of all documents or
things of a certain description in the possession or under the control of the
person summoned.
(3)
All persons so summoned shall be bound to attend either in person or by an
authorised agent, as such officer may direct; and all persons so summoned shall
be bound to state the truth upon any subject respecting which they are examined
or make statements and produce such documents and other things as may be
required
Provided
that the exemption under section 132 of
the Code of Civil Procedure, 1908 (5 of 1908), shall be applicable to any
requisition for attendance under this section.
(4)
Every such inquiry as aforesaid shall be deemed to be a judicial proceeding
within the meaning of section 193 and section 228 of the Indian Penal Code,
1860 (45 of 1860).