2023 (7) TMI 552

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....direction to the Respondents to permit the petitioners' interrogation and recording of statements under Section 108 of the Customs Act, 1962 in presence of their advocate at a visible distance, may be beyond audibility." 2. By an interim order dated 16.04.2012, this Court granted following relief to the petitioners. The said order reads as under : "Crl.M.P. No.9177 of 2012, has been filed on behalf of the petitioners, inter alia, for an order in similar terms as was passed in the case of Rajendra Arora and Others v. Union of India and Others, on 7th December, 2010, or in the case of Mukund Bhai Patel v. Union of India and Others, on 4th March, 2011, so far as the recording of statement and interrogation of the petitioners' w....

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....ction and had rejected the submission made on behalf of the petitioners therein, that they were entitled to have their lawyers present at the time of interrogation. Such prayer, therefore, was disallowed. Mr. Malhotra has also drawn our attention to the decision in Senior Intelligence Officer, Directorate of Revenue Intelligence v. Jugal Kishore Samra (2011) 12 SCC 362, wherein the decision in Poolpandi's case (supra) was also referred to and, ultimately, having regard to the facts of the case, a two- Judge Bench of this Court directed as follows: "Taking a cue, therefore, from the direction made in D.K. Basu and having regard to the special facts and circumstances of the case, we deem it appropriate to direct that the....