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2020 (8) TMI 567 - HC - GSTIllegal detention of applicant for three consecutive days - investigation not conducted in accordance of law - Presence of lawyer during investigation - HELD THAT:- Reliance placed in the case of Hon’ble Supreme Court titled SENIOR INTELLIGENCE OFFICER VERSUS JUGAL KISHORE SAMRA [2011 (7) TMI 910 - SUPREME COURT]. The said judgment was passed because of special facts and circumstances of the said case as respondent i.e. accused Jugal Kishore Samra was suffering from heart disease and his medical condition was considered by the Ld. Sessions Judge while passing the order. The said case is, thus, distinguishable on the basis of facts and circumstances stated therein. So far as apprehension 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. No grounds are made out to allow the presence of the Advocate while questioning or examination by the officers of the respondents - Application dismissed.
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