High Court Stay Order on Coercive Action in File No. DRI/MZU/C/INT202/2018 The High Court ordered a stay on coercive action against the petitioner in File No. DRI/MZU/C/INT202/2018 until the next hearing. The petitioner's ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
High Court Stay Order on Coercive Action in File No. DRI/MZU/C/INT202/2018
The High Court ordered a stay on coercive action against the petitioner in File No. DRI/MZU/C/INT202/2018 until the next hearing. The petitioner's advocate was permitted to be present during interrogation by DRI officers at a visible distance. Videographing of the petitioner's statement and goods examination was directed, with costs to be borne by the petitioner. Access to recordings was restricted unless ordered by the Court. The case was adjourned for further proceedings to 24th February 2019.
Issues: 1. Coercive action against the petitioner in File No. DRI/MZU/C/INT202/ 2018. 2. Accompaniment of petitioner's advocate during interrogation by DRI officers. 3. Videograph recording of petitioner's statement and examination of goods.
Analysis: 1. The High Court acknowledged the pending matter before the Apex Court and issued an order to refrain from taking any coercive action against the petitioner in File No. DRI/MZU/C/INT202/ 2018 until the next date of hearing.
2. The Court allowed the petitioner's advocate to be present at a visible but not audible distance during the petitioner's interrogation by DRI officers. This permission was granted in line with the general direction provided by the Hon'ble Supreme Court in the case of Vijay Sajnani Versus Union of India.
3. Referring to a statement by the Hon'ble Apex Court in a previous order, the High Court directed the Department to videograph the recording of the petitioner's statement and examination of goods. The Court specified that the cost of the videography would be borne by the petitioner, and access to the recording would not be granted to the accused unless ordered by the Court.
The Writ Petition was adjourned to 24th February, 2019, for further proceedings.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.