2018 (2) TMI 2072 - HC - Customs

Presence of the counsel for the Petitioner within visible range but outside audible range while the Petitioner is questioned by its officers - HELD THAT - The Petitioner having been in custody for 52 days during which time he was not questioned by the Customs Department it is appropriate that the Petitioner s prayer in this application should be allowed - It is accordingly directed that the Petitioner shall be permitted the presence of an Advocate of his choice within range of sight but outside audible range while being questioned by the Customs Department hereafter. Application disposed off.

Summary

Issues:
Presence of counsel during interrogation by Customs Department.

Analysis:
The judgment concerns a petition where the petitioner sought permission for their counsel to be present within visible range but outside audible range during questioning by the Customs Department. The respondent relied on a previous judgment where a similar request was declined, along with a Supreme Court decision in a related matter. The petitioner cited various cases to support their argument, emphasizing the right of an arrested person to have access to legal counsel during interrogation. The petitioner had been in custody for 52 days without being questioned, and it was argued that having counsel present would not hinder the investigation process. The court, considering the circumstances and the petitioner's cooperation, allowed the presence of the petitioner's chosen advocate within sight but out of audible range during questioning by the Customs Department. The court clarified that this decision did not affect the merits of the case for either party.

In a related matter, the petitioner was permitted to file additional documents within two weeks, with the respondent given six weeks to file a reply and any rejoinder before the next hearing date. The case was listed for further proceedings on a specified date, with the order provided to the parties as requested.