Court clarifies that investigating officers cannot demand creation of new documents, only existing ones can be summoned
The Kerala High Court, presided by Justice C.S. Dias, has delivered a significant judgment emphasizing the limitations on the powers of investigating officers in compelling statutory authorities to produce documents for investigation purposes. The case involved the Deputy Commissioner of Customs at Thiruvananthapuram International Airport, who challenged an order demanding details of customs officers on duty during a specific timeframe.
The Court, addressing the application under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 94, and the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, reiterated that statutory authorities cannot be mandated to create new documents for investigation purposes. The Court underscored that only documents or things already in possession or control of the authority can be summoned.
In this particular case, the Deputy Commissioner was directed to provide the attendance and duty register of customs officers on duty on July 9, 2025, between 6:00 p.m. and 9:00 p.m., in connection with an international drug trafficking investigation. The judgment highlighted the necessity of cooperation by state instrumentalities in investigations involving heinous crimes under the NDPS Act, warning against any reluctance that might suggest an attempt to shield individuals from legal scrutiny.
The Court modified the original order, directing the Deputy Commissioner to furnish the requested duty register within a week, while emphasizing the importance of extending full cooperation to the investigating agencies to uphold national interest. The judgment clarifies that while investigating officers have the power to summon existing documents, they cannot compel the creation of new ones, thus protecting statutory authorities from undue burdens during investigations.
Bottom Line:
Investigating Officer cannot direct a statutory authority to create a document or thing for investigation purposes; only documents or things already in possession of the authority can be summoned.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 94, Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 67, 22(C), 23(C), 27(A), 8, 27(B), 29
Deputy Commissioner of Customs v. State of Kerala, (Kerala) : Law Finder Doc id # 2867971
