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TMI Blog2023 (3) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... ot audible distance of advocate - HELD THAT:- The Petitioner alleges that he has been assaulted by some of the officers of the Customs Department in the past. This allegation of course has been denied by Respondent Nos. 1 and 2. But, what remains on record, is clear and it is the apprehension entertained by the Petitioner. It is this apprehension, which is required to be taken care of by us in a b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /w. Mr. Ashutosh Mishra for Respondent Nos. 1 and 2-DRI. Mr. Y. M. Nakhwa, APP ORAL JUDGMENT: (PER:- SUNIL B. SHUKRE, J) . Heard. 2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 3. The Petitioner seeks relief in the nature of recording his statement under Section 108 of Customs Act, 1962 in visible but not audible distance of advocate. The Petitioner is also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n done in view of the provisions made in Section 121 read with Section 110 of the Customs Act, 1962 and therefore, there is no need to make any interference in the matter. 5. The first prayer of the Petitioner, in our considered view, is harmless in nature. It only seeks presence of his advocate at a visible distance but not audible distance and there is a background to such a prayer. The Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on No. 3679 of 2022, decided on 12th April, 2022; iii) Writ Petition No. 2470 of 2022, decided on 11th April, 2022 and so on. We, therefore, find that the first prayer to the extent, it seeks presence of advocate at visible distance but not audible distance deserves to be allowed. 6. In view of above, we see no difficulty in partly allowing this petition and the petition is accordingly allowe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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