TMI Blog2022 (8) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... he allegations levelled by the business associate of the petitioners raise a reasonable apprehension on the part of the petitioners. The Hon ble Supreme Court in VIJAY SAJNANI ANR. VERSUS UNION OF INDIA ANR. [ 2012 (4) TMI 706 - SUPREME COURT] has held that it is directed that the petitioners' advocate should be allowed to be present during the interrogation of the petitioners. He/they should be made to sit at a distance beyond hearing range, but within visible distance and the lawyer must be prepared to be present whenever the petitioners are called upon to attend such interrogation. Accordingly, the present writ petitions are allowed with direction to the appropriate authority that the petitioners would be interrogated in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01/2020. (c) And direct the respondent not to take any coercive steps against the petitioners, in the above matter; 2. Learned Senior Counsel appearing on behalf of the petitioners submitted that the petitioners are entrepreneurs and engaged in the business of import and trading of liquor. Petitioners Amit Goel and Pradeep Pal Singh are Directors of the companies namely M/s. Rad Elan Distributors Pvt. Ltd. and Blue Fluidics Pvt. Ltd. and petitioner Anshul Goyal is the proprietor of the companies namely M/s. National Food and Beverages, having its office at D-156, Okhla Industrial Estate Phase-1, New Delhi. The said companies are also duly registered with the Customs Authorities under the provisions of the Customs Act, 1962 (hereinaf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 108 of the Act on his office email, requiring him to appear on 23rd September, 2020. A reply to the said notice had been sent by the wife of Mr. Pradeep Pal Singh, through Speed Post to the respondent and some further time had been requested for appearing before the Investigating officer of the respondent. 4. It is further submitted that the petitioners apprehend that the officers of the Directorate of Revenue Intelligence would call the petitioners in their office and would meet out the similar treatment as has been given to Mr. Rajesh Jain and other business associates. It is further submitted that the statements recorded under the provisions of Section 108 of the Act are treated as judicial confessions and can jeopardize the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent that a specific intelligence was received by the respondent that a syndicate of Delhi and Mumbai based persons is engaged into smuggling of imported cosmetics goods and food supplements without payment of Customs duty. Acting on the said intelligence, searches were conducted at various premises in Mumbai and Delhi on 9th September, 2020 and 10th September, 2020. During search proceedings, smuggled cosmetics goods of foreign origin were found stored and various incriminating documents were also found. It is further submitted that during recording of statement of the concerned persons under Section 108 of the Act, the names of the petitioners and their accomplices had cropped up and summonses were issued to the petitioners to join the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of petitioner that he may be physically assaulted or manhandled is concerned, this Court is of the opinion that it is a well settled law now that no inquiry/investigating officer has a right to use any method which is not approved by law to extract information from a witness/suspect during examination and in case it is so done, no one can be allowed to break the law with impunity and has to face the consequences of his action. The order dated 20-9-2019 which is against the judgment passed by Hon ble Supreme Court in Pool Pandi v. Superintendent, Central Excise - (1992) 3 SCC 259 : 1992 AIR 1795 (SC) , therefore, stands modified and it is clarified that presence of a lawyer cannot be allowed to the petitioner at the time of questioning or e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 108 of the Customs Act, 1962, wish(es) for similar orders, he(they) may apply to the Customs Authorities concerned and a similar provision may be made for his/their interrogation in the presence of the Learned Counsel, as indicated hereinabove. 13. There are specific allegations made by the petitioners that their business associate, Mr. Rajesh Jain had been beaten and threatened by the respondent in the course of investigation for the purpose of recording the statement as per their wishes. In light of these serious allegations made by their business associate, the petitioners apprehend that they may, too, be physically assaulted or manhandled. Since, the allegations levelled by the business associate of the petitioners raise a reas ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
