2017 (6) TMI 663

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....rticle 226 of the Constitution of India, prayer is made for a writ, order or direction in the nature of certiorari seeking quashing of the said summons dated 24.05.2017 and/or writ, order or directions in the nature of mandamus to the respondent to allow the presence of the counsel for the petitioner during recording of statement under Section 108 of the Customs Act, 1962. 2. The learned counsel for the respondent submitted a status report in a sealed cover for perusal by the court. He, however, submitted at the hearing that the case under investigation concerns certain transactions indulged in by a partnership firm described as Mala Petrochemicals & Polymers, where Manish Kumar Jain, father of the petitioner is the proprietor. On the basi....

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....g of the statement of the petitioner under Section 108 of the Customs Act has been pressed in the alternative. 5. Having gone through the summary of record of investigation as shared by the investigating agency, this Court is not impressed with the plea for the summons under Section 108 of the Customs Act, 1962 to the petitioner to be quashed. The case is still at the crucial stage of investigation and there is no reason why the petitioner, an adult, whose complicity in the transactions and affairs of the firm is prima facie revealed, also on account of the amount of money that has been received by him as remittances, should not be subjected to proper probe. It would not be justified for the court to interfere in the investigative process ....

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....investigation. Reliance was placed Poolpandi & Ors. Vs. Superintendent, Central Excise & Ors. (1992) 3 SCC 259. 8. Per contra, the petitioner relies on D.K. Basu vs. State of W.B. (1997) 1 SCC 416 and Senior Intelligence Officer, Directorate of Revenue Intelligence vs. Jugal Kishore Samra (2011) 12 SCC 362. It was submitted that such relief has been granted in other similarly placed matters including Nipul Jain @ Monty Jain, WP(Crl) 1897/2015; Nitin Jain WP(Crl) 2388/2015, Ashu Chopra, WP(Crl) 3705/2016; Dinesh Kumar WP(Crl) 867/2017 and Digipro Import & Export Pvt. Ltd WP(Crl.) 3070/2017. 9. The court has given anxious consideration to the submissions made by both sides. Noticeably, in D.K. Basu (supra) it was directed that the arrestee ....