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2021 (4) TMI 431 - HC - CustomsSeeking permission to forthwith record their statements under Section 108 of the Customs Act, 1962 by video conferencing in investigations under Customs Act, 1962 by temporarily waiving their physical presence - HELD THAT:- In Poolpandi and Others Vs. Superintendent, Central Excise and Others [1992 (5) TMI 147 - SUPREME COURT] Supreme Court was pleased to reject the argument recorded in paragraph No.5 thereof claiming the presence of lawyer for active participation who could advise potential accused. The answer to the aforementioned objection has been given in the judgment SENIOR INTELLIGENCE OFFICER VERSUS JUGAL KISHORE SAMRA [2011 (7) TMI 910 - SUPREME COURT] wherein presence of an advocate at a visible but not audible distance was permitted which would not amount to any active participation of the advocate. The situation of Corona/COVID-19 for the last two weeks has increased exponentially, there has been lock down in Maharashtra, Panjab, Chandigarh and various other states. Even curfews have been imposed in Delhi and Chandigarh. Considering the fact that the petitioners are in Kerala and also for the safety of the DRI officials, it is directed that petitioners would appear before the investigating officers on 15.04.2021 from 10 a.m. till 6.p.m. And would be entitled to have an advocate present at a visible distance beyond audibility during interrogation and recording of the statement. After recording the statements and completing the investigation, respondent DRI may consider it appropriate in issuing addendum to show cause notice dated 24.09.2019 as expeditiously as possible preferable within a period of six weeks from 15.04.2021, so that the adjudication proceedings in respect of all the persons involved can be taken up expeditiously and till such time, for the safety of the officers and persons involved, the personal liberty of petitioners shall not be prejudiced. Application stands disposed of with the clarification in the order dated 22.06.2020.
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