2008 (9) TMI 942 - HC - Customs

The petitioners have prayed for an alternative place for investigation or in any case, his Counsel may be permitted to remain present at the time of interrogation - Held that - the applicants advocate is permitted to remain present though at a distance from where he can see the proceedings of the interrogation. However, in any case, the lawyer shall not be permitted to interfere in the proceedings - decided in favor of applicant.

Summary

Issues:
1. Direction to respondent authorities for inquiry process
2. Concerns regarding cooperation in investigation
3. Request for alternative place for investigation

Analysis:
1. The petitioners filed a Civil Application seeking directions for the respondent authorities to send queries during the inquiry, permit written responses, question individuals in the presence of a lawyer, and issue import certificates. The Court had previously issued an order directing cooperation in the investigation, along with issuing import certificates. The respondent authorities claimed non-cooperation despite multiple notices. The petitioners expressed fear of physical harm and requested an alternative place for the investigation or presence of their lawyer during interrogation. The Court allowed the lawyer to be present at a distance without interference, leading to the withdrawal of certain prayers. The petitioners were directed to appear before the authorities by a specified date.

2. The Court acknowledged the concerns raised by the petitioners regarding their safety during the investigation process. Despite the issuance of summons, the petitioners had not been cooperating, leading to the respondent authorities filing a detailed affidavit-in-reply. The petitioners' legal counsel highlighted the fear of physical harm and requested suitable arrangements for the interrogation. The Court, considering the circumstances, permitted the lawyer's presence at a distance to observe the proceedings without interference, emphasizing the importance of cooperation in the investigation.

3. The petitioners' application for an alternative place for investigation or presence of their lawyer during questioning was addressed by the Court. The petitioners' counsel raised concerns about potential threats and requested a safe environment for the interrogation process. The Court, while granting certain permissions, emphasized the need for cooperation and directed the petitioners to appear before the authorities by a specified date. The Court disposed of the Civil Application, providing directions and observations to ensure a balanced approach to the investigation process.