2021 (2) TMI 852 - HC - Customs

Seeking a direction to the respondents to allow the petitioner to have an advocate in the event of interrogation of the petitioner at a visible but not audible distance - seeking permission for videography of the proceedings pertaining to interrogation of the petitioner - HELD THAT - On the prayer made by the petitioner, it is stated that customs department has no objection to permit presence of advocate at visible but not audible distance and to allow videography of the proceeding at the cost of the petitioner - In view of the statement made by the Principal Commissioner of Customs, the apprehension and grievance expressed by the petitioner has been redressed. It is directed that in the event of petitioner being subjected to interrogation by the respondents, he shall be allowed to have an advocate at a visible but not audible distance and the process of interrogation shall be videographed at the cost of the petitioner - petition disposed off.

Summary

Issues:
- Petitioner seeks direction to have an advocate present during interrogation
- Petitioner requests permission for videography of interrogation proceedings
- Petitioner seeks completion of investigation in a time-bound manner

Advocate Presence During Interrogation:
The petitioner, a director of a diamond import-export company, filed a petition seeking a direction to allow the presence of an advocate during interrogation by the respondents. The petitioner expressed apprehension of being forced to give false statements. Respondents, through the Principal Commissioner of Customs, agreed to permit the advocate's presence at a visible but not audible distance and to videograph the proceedings at the petitioner's cost. Consequently, the court directed that the petitioner, if interrogated, can have an advocate present at a visible but not audible distance, and the interrogation process should be videographed at the petitioner's expense.

Videography of Interrogation Proceedings:
The petitioner also requested permission for videography of the interrogation proceedings. Respondents agreed to allow videography at the petitioner's cost. The court, considering the statement made by the Principal Commissioner of Customs, addressed the petitioner's concerns by allowing videography of the interrogation process at the petitioner's expense.

Completion of Investigation in a Time-Bound Manner:
The petitioner sought a direction for the completion of the investigation against him in a time-bound manner. However, the court observed that since the Principal Commissioner of Customs had addressed the petitioner's apprehensions regarding interrogation, the question of expediting and concluding the investigation in a time-bound manner did not arise at that stage. The court directed the petitioner to cooperate with the investigation and disposed of the writ petition with the given directions.