TaxTMI 
TaxTMI 
2022 (6) TMI 382
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.... Tuhina, Mr.Vivek Jain, Mr.S. Atif, Mr.Nitin Sharma, Ms.Akriti Gupta Mittal, Ms.Rekha Angara, Mr.Prateek Bhalla, Mr.Punya Lekha Angara, Mr.Tushar Yadav,Mr.Vaibhav Yadav, Mr.Mohd. Irshaad, and Mr.Rishikesh Kumar, Advocates ORDER 1. This petition is filed with the following prayer:- "a) Set aside the impugned direction in order dated 31.05.2022 passed by the Ld. Addl. Sessions Judge/Special Judge (PC Act), CBI-24 (MPs/MLAs Cases) RADC, New Delhi in M.No.71/2022 and 72/2022, ECIR/HQ/14/2017, in as much as the Ld. Special Court has directed at Para 26 of the impugned order that "during the time of enquiry/interrogation from the accused, one Advocate of the accused shall be allowed to remain present at a safe distance where from w....
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....f which an honest ordinary citizen of this country cannot dream of but that cannot be a ground for holding that he has a constitutional right to claim similar luxuries and company of his choice. 7. It was further held the purpose of the enquiry under the Customs Act and the other similar statutes will be completely frustrated if the whims of the persons in possession of useful information for the departments are allowed to prevail. For achieving the object of such an enquiry if the appropriate authorities are of the view such person should be disassociated from the atmosphere and the company of person who provide encouragement to them in adopting a non-cooperative attitude to the machineries of law, there cannot be any legitimate objecti....
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....h is as under: "14. xxx xxxx In Kathi Kalu Oghad's case the Court merely set out the principles in the light of the effect of a formal accusation on a person, viz., that he stands in the character of an accused person at the time when he makes the statement. Normally a person stands in the character of an accused when a First Information Report is lodged against him in respect of an offence before an Officer competent to investigate it, or when a complaint is made relating to the commission of an offence before a Magistrate competent to try or send to another Magistrate for trial the offence. xxx" 10. The learned ASG also referred to Sudhir Gulati vs. Union of India 1998(45) DRJ (DB); Sudhir Kumar Aggarwal ....
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.... No.36376/2017 but it was primarily a consent order, as is evident from his first sentence of page 21 of the compilation of the respondent. 12. Reference was also made to Rohit Wason vs. Additional Director General Directorate of Revenue Intelligence and Ors. W.P.(Crl.) 342/2019, pronounced in February, 2019 but in view of Sandeep Jain vs Additional Director, DRI, Review Petition No.387/2019 in W.P. (C) No.9561/2019 decided on 10.12.2019; the law in Rohit Wason (supra) cannot hold the field. Even otherwise, in Rohit Wason's case seious apprehensions were raised as one of the employee of the company was made to take off his shirt leading to humiliation and there was allegations of high hadedness by the Investigating Agencies. 13. The l....