2018 (10) TMI 2049 - HC - Indian Laws

Petitioner Protected from Arrest without Due Process; Must Cooperate with Investigation and Attend Meetings per CrPC.

Chandraprakash Labhchand Sanklecha Versus Union of India & Ors.

The Bombay HC ruled that the petitioner shall not be arrested based on the summons dated 25th September 2018 without following the Criminal Procedure ... Issue involved in this petition is sub judice before the Apex Court - A common statement ar Bar is made that the next date of hearing in the Supreme Court is 26th October 2018 - HELD THAT:- The hearing is deferred, stand over to 03rd November 2018. Till then the petitioner shall not be arrested in pursuant to the summons dated 25th September 2018 in File No. DGGSTI/PZU/INT/22/2018 without following procedure under Criminal Procedure Code. Petition recorded that the issue is sub judice before the Apex Court with the Supreme Court next listing on 26th October 2018. Hearing was deferred and the petitioner was granted interim protection from arrest pursuant to the summons dated 25th September 2018 in File No. DGGSTI/PZU/INT/22/2018, subject to compliance with procedure under the Criminal Procedure Code. Conditions: petitioner shall cooperate with Respondent Nos. 1 and 2 in the investigation and attend the office of Respondent No.2 as directed; counsel may accompany the petitioner at a visible but not audible distance during interrogation in accordance with the general direction in 'Vijay Sajnani versus Union of India' (Crl. M.P. No. 10117 of 2012 in WP (Crl.) 29 of 2012). Pursuant to 'Rejendra Arora and ors. Versus Union of India and ors.' (order dated 7th December, 2010), the Department shall videograph recording of the statement and examination of the petitioner as well as goods, at the cost of the petitioner; the accused shall not be entitled to a copy unless so ordered by the Court. Corrigendum: replace '3rd November 2018' with '3rd December 2018.'