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2023 (7) TMI 552

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....AOR For the Respondent : Mr. N. Venkatraman, A.S.G. (NP) Mr. Arijit Prasad, Sr. Adv. Mr. T.A. Khan, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. V.C. Bharathi, Adv. ORDER 1. This petition under Article 32 of the Constitution of India claims the following relief: "(a) Issue an appropriate writ, order or direction to the Respondents to permit the petitioners' interrogation and recording of stateme....

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....re. The petitioners have been served with notice under Section 108 of the Customs Act, 1962, to appear before the concerned customs authority for interrogation in connection with certain matters. The petitioners are apprehensive that coercive attempts may be made to extort confessions from them. Accordingly, they have prayed that the interrogation of the petitioners be conducted not in the imme....

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....oreign Exchange Regulation Act, 1973. Their Lordships had noticed the difference of opinion of different High Courts in this connection 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 S....

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....espondent to have consultations with him in the course of the interrogation." In fact, the said direction is the very direction that the petitioners are seeking in this criminal miscellaneous petition. Apart from the above, this Bench and other Benches of this Court have also had occasion to deal with similar matters and we had passed similar orders to the extent that the petitioners' co....