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2017 (2) TMI 1 - HC - Money LaunderingProtection in respect of conviction for offences - money laundering - Held that:- A lot was argued on behalf of the respondents as regards the conduct of the applicant. It was pointed out that in the past, for two times, the summons issued by the authority were not honoured. This, according to the respondents, is suggestive of the fact that the applicant is not willing to cooperate in the investigation. Mr. Chaudhary, the learned senior counsel appearing for the applicant pointed out that when the first summons was served, the father of the applicant informed that the applicant was with the C.B.I. for the purpose of interrogation. When the second summons was served, it was pointed out that since the documents have been asked for, it would take some time for the applicant to collect the same and he would, thereafter, appear before the authority. I am not so much concerned as regards the conduct of the applicant. I expect the applicant to extend full cooperation in the course of his interrogation which the authority wants to undertake in connection with the ECIR referred to above. Even otherwise, the person summoned under Section 50 of the Act, 2002 is bound to state the truth upon any subject respecting which he is examined or make statement, and produce such documents, as may be required. In view of the aforesaid, I hold that although the applicant cannot claim the relief, as a matter of right, yet as of abundant caution and prudence, I am inclined to permit the counsel of the choice of the applicant to remain present within visible distance, but beyond the hearing range. In the result, this application is allowed. Direct the respondent No.2 to permit the advocate of the applicant to be present during the interrogation of the applicant. The advocate concerned should be made to sit at a distance beyond the hearing range, but within the visible distance and the lawyer must be prepared to be present whenever the applicant is called upon to attend such interrogation. Also take notice of the fact that the applicant was directed to remain present on 2nd January 2017. It will be open for the authority to issue a fresh summons under Section 50 of the Act, 2002 to the applicant asking him to remain present on a particular date. On receipt of such summons, the applicant shall remain present before the authority for the purpose of interrogation. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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