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TMI Blog2023 (7) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... CH) For the Petitioner : Mr. Sarthak Sachdev, Adv. Mr. Rakesh Dahiya, AOR For the Respondent : Mr. N. Venkatraman, A.S.G. (NP) Mr. Arijit Prasad, Sr. Adv. Mr. T.A. Khan, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. V.C. Bharathi, Adv. ORDER 1. This petition under Article 32 of the Constitution of India claims the following relief: (a) Issue an appropriate writ, order or direction to the Respondents to permit the petitioners interrogation and recording of statements under Section 108 of the Customs Act, 1962 in presence of their advocate at a visible distance, may be beyond audibility. 2. By an interim order dated 16.04.2012, this Court granted following relief to the petitioners. The said order reads as under : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing in the said case before their Lordships was the stand taken by the petitioners that they were entitled to the presence of their lawyers when they were being questioned during the interrogation under the provisions of the Customs Act, 1962, or the Foreign Exchange Regulation Act, 1973. Their Lordships had noticed the difference of opinion of different High Courts in this connection and had rejected the submission made on behalf of the petitioners therein, that they were entitled to have their lawyers present at the time of interrogation. Such prayer, therefore, was disallowed. Mr. Malhotra has also drawn our attention to the decision in Senior Intelligence Officer, Directorate of Revenue Intelligence v. Jugal Kishore Samra (2011) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 coercive methods were used during the interrogation. Accordingly, we allow the criminal miscellaneous petition and direct that the petitioners' advocate should be allowed to be present during the interrogation of the petitioners but that he should be made to sit at a distance beyond hearing range, but within visible range and the lawyer must be prepared to be present whenever the petitioners are called up ..... X X X X Extracts X X X X X X X X Extracts X X X X
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