Review jurisdiction and advocate presence during customs statements remain limited to exceptional cases showing real apprehension of coercion.

Review jurisdiction is confined to error apparent on the face of the record, discovery of new and important matter or evidence, or other sufficient reason read ejusdem generis with those grounds. A request for fresh substantive relief cannot be recast as a review application. In customs examination under Section 108 of the Customs Act, 1962, an advocate's presence is not an absolute right and may be allowed only where credible material shows a real and live apprehension of coercive methods; a bare assertion is insufficient. The article therefore states that review cannot be used to seek such relief and that no enforceable right to insist on counsel's presence during recording of the statement is established.

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Issues: Whether a review petition could be maintained to seek permission for the presence of an advocate at a visible but inaudible distance during recording of a statement under Section 108 of the Customs Act, 1962, and whether such presence could be claimed as a matter of right.

Analysis: The grounds for review are confined to error apparent on the face of the record, discovery of new and important matter or evidence, or other sufficient reason, with the last expression being read ejusdem generis with the first two. A request for a fresh substantive indulgence, not falling within those grounds, cannot be converted into a review issue. On merits, the presence of an advocate during examination under Section 108 of the Customs Act, 1962 is not an absolute right. Such permission may be granted only where credible material shows a real and live apprehension of coercive methods; a bare assertion of apprehension is insufficient. The exceptional nature of the relief means that it cannot be treated as the normal rule in customs investigation.

Conclusion: The request for review was not maintainable on the stated ground, and no enforceable right to insist on an advocate's presence during recording of the statement was established.

Ratio Decidendi: Review jurisdiction cannot be invoked to claim a relief outside Order XLVII Rule 1 of the Code of Civil Procedure, 1908, and presence of an advocate during recording of a statement under Section 108 of the Customs Act, 1962 is permissible only on a demonstrated real and live apprehension of coercion, not as a matter of right.

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