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TMI Blog2022 (2) TMI 470X X X X Extracts X X X X X X X X Extracts X X X X ..... of notice on behalf of Union of India. By consent of the parties, petition is heard finally. 2. By this petition filed under Article 226 of the Constitution of India, the Petitioners are seeking direction directing the Respondent No. 1 to issue Summons to the Petitioners for their appearance to record their voluntary statement under Section 108 of the Customs Act, 1962 by endorsing permission to allow the presence of their Advocate at visible but not audible distance, and videography of their interrogation at the cost of the Petitioners. 3. Mr. Prakash Shah, the learned counsel for the Petitioners invited our attention to the Summons already issued by the Respondent No.1 annexed at Exhs. 'A' to 'F' of the petition under Section 108 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce on judgment of this Court in case of Rajuram Purohit Vs. Union of India 2019 (366) E.L.T. 814 (Bom.) in support of the submission that the presence of Advocates during investigation at visible but not audible distance can be granted while recording voluntary statement under Section 108 of the Customs Act, 1962. He placed reliance upon several such Orders passed by this Court and also the Orders passed by the Hon'ble Supreme Court granting such permission. 8. Mr. P. S. Jetly, the learned Senior Counsel for the Respondents on the other hand submits that the Petitioners have already filed writ petition before the Supreme Court under Article 32 of the Constitution of India for similar reliefs and at this stage there is no cause of action f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that the Respondents have already issued Summonses annexed at Exh. 'A' to 'F' of the Petition, the Respondents are not required to issue fresh summons upon the Petitioners. 13. Mr. Prakash Shah, learned counsel for the Petitioners states that the Petitioners who are already issued summonses would appear before the Respondent No. 3 on the date as may be assigned by the Respondent No. 3 alongwith their advocate for recording their voluntary statement at visible but not audible distance and would record the interrogation by videography at the cost of the Petitioners. The statement is accepted. 14. The Respondents are directed to issue 72 hours clear notice to the Petitioners before fixing the date on which they require their presence in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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