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TMI Blog2018 (1) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... Richa Kapoor, ASC, with Ms. Shivee Pandey and Sanjay Pal, Advocates, for the Respondent. ORDER [Order per : Vinod Goel, J. (Oral)]. - Notice. Mr. Vinod Diwakar, CGSC for the respondents No. 1, 3 to 5, accepts the notice. Ms. Richa Kapoor, ASC for the State, accepts the notice on behalf of respondent No. 2. 2. At this stage, learned counsel for petitioner states that respondent No. 2 is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er is not entitled for any relief. 5. The petitioner is summoned by the DRI under Section 108 of the Customs Act, 1962 in connection with some import of PVC Resin, Suspension Grade, from Supplier, M/s. Just Right Middle East FZCO. The petitioner on receiving the summons under Section 108 of the Act had sent all the documents as desired by the DRI by post vide letter dated 18-7-2017 and 24-7- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terrogation where the lawyer assumed an active role during the interrogation. On the other hand, the order that has been sought, as passed in various matters, does not contemplate such an eventuality. In fact, in terms of the orders which we have earlier passed, a lawyer has no role to play whatsoever during the interrogation, except to be at a distance beyond hearing range to ensure that no coerc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gation of the petitioners. He/they should be made to sit at a distance beyond hearing range, but within visible distance and the lawyer must be prepared to be present whenever the petitioners are called upon to attend such interrogation." 8. In the circumstances, the petition is allowed and the respondent is directed that as and when the petitioner is called upon under Section 108 of the Cus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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