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2018 (6) TMI 1629 - RAJASTHAN HIGH COURTPresence of Counsel on Recording of statements - Section 108 of the Customs Act, 1962 - illegal detention of goods or not - HELD THAT:- We are not inclined to hold that recording of statement of the petitioners under Section 108 of the Customs Act by DRI officials without the presence of their counsel would in any manner violate any of their fundamental rights - On the contrary, if the kind of allegations which the petitioners have made against the DRI officials are accepted on their mere ipse dixit and all the statements of this nature are generally ordered to be recorded in the presence of their advocate, the purpose of enquiry under the Customs Act and the other enactments of similar nature may be defeated. If the DRI authorities in the present case have identified many such dubious transactions, they have legitimate right to question such importers and persons associated with them in isolation and not necessarily in the company of their counsel. Such act on the part of DRI cannot be held to be violative of Article 20(3), 21 and 22(1) of the Constitution of India. The prayer of the petitioners that their statement should be recorded in the presence of their counsel cannot be accepted. It however goes without saying that the respondents while recording their statement are always expected to follow the due process of law. Petition dismissed.
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