Advocate presence allowed during Customs interrogation to prevent ill-treatment claims The court permitted the presence of petitioner No.2's advocate during interrogation by Customs authorities to prevent controversy and potential ...
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Advocate presence allowed during Customs interrogation to prevent ill-treatment claims
The court permitted the presence of petitioner No.2's advocate during interrogation by Customs authorities to prevent controversy and potential ill-treatment allegations. The advocate was allowed to be within sight but not within hearing range. The court clarified that this decision did not indicate acceptance of the ill-treatment claim and directed the petitioners to cooperate with the investigation. The petition was disposed of with this directive.
Issues involved: Petition regarding allowing advocate to be present during interrogation by Customs authorities.
Summary: 1. The petition raised multiple issues, but the petitioner's counsel clarified that they are pressing only for the prayer of allowing the petitioner's advocate to be present during the interrogation of petitioner No.2 by Customs authorities. Other prayers will be pursued in appropriate proceedings.
2. Respondents appeared through their advocate and filed a reply to the notice issued.
3. The Customs Department had doubts about the valuation of hot stamping foil imported from China, leading to a DRI investigation. Petitioner No.2 alleged manhandling and pressure during interrogation, supported by medical papers. The request was for the advocate to be present during interrogation.
4. Petitioner's counsel cited the Apex Court's decision in Anand Prakash Choudhari vs. Union of India and a Division Bench decision of the High Court in support.
5. The department's counsel argued that the ill-treatment allegations were false, and petitioner No.2 gave his statement voluntarily. Citing the Apex Court's decision in Poolpandi vs. Superintendent, Central Excise, it was contended that the presence of an advocate during interrogation was not a right.
6. After hearing both sides and reviewing the documents, the court decided to permit the presence of petitioner No.2's advocate during interrogation to avoid controversy and ensure no further allegations of ill-treatment. The advocate was allowed to be within sight but not within hearing range. The court clarified that this decision did not imply acceptance of the ill-treatment allegation and directed the petitioners to cooperate with the investigation.
7. The petition was disposed of with the above direction.
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