2019 (1) TMI 1662 - HC - Customs

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 ... Interrogation by the officers of DRI - HELD THAT:- The matter is still pending before the Apex Court. Till next date, no coercive action shall be taken against the petitioner in respect of the File - the advocate of the petitioner are directed to accompany the petitioner at visible but not audible distance during their interrogation by the officers of DRI in accordance with the general direction. Writ Petition is adjourned 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.