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2020 (12) TMI 997

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..... e attempts may be made to extort confession from them - HELD THAT:- This Court, in light of the order passed by Hon'ble Supreme Court from time to time, as in similar circumstances the apex Court directed that the advocate of the petitioner should be allowed to be present during the interrogation of the petitioner, is of the opinion that the advocate of the petitioners are to be allowed to be .....

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..... Services Tax Act, 2017 for appearance on 23/11/2020. The petitioners have further stated that they are desirous and duty bound to join investigation and render full cooperation and assistance in the ongoing investigations. However, they are apprehending mischief on the part of the respondent. Petitioners are apprehensive that coercive attempts may be made to extort confession from them. Accord .....

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..... the interest of justice. It has been argued by learned counsel for the petitioner that in similar circumstances in the case of Vijay Sajnani Vs. Union of India reported in 2017 (345) E.L.T. 323 (S.C.), similar relief has been granted to the petitioner therein. Reliance has also been placed upon an order passed in the case of Birendra Kumar Pandey Anr. Vs. Union of India Anr. (Wri .....

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..... their interrogation by the officers of the Respondents in F.I.R.No.78/16 (C.R.No.32 of 2016) 3. The relief claimed in the present petition is fairly covered by the order of 3 Judge Bench Judgment passed CRL MP No.10117 of 2012 on 25th April, 2012. In similar circumstances, the apex Court directed that the advocate of the petitioners should be allowed to be present during the interrogation of .....

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..... on that the advocate of the petitioners are to be allowed to be present during the interrogation of the petitioners. It is further clarified that 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. With the aforesaid, writ petition stands .....

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