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2022 (2) TMI 470 - HC - CustomsDirection to issue Summons to the Petitioners for their appearance to record their voluntary statement under Section 108 of the Customs Act, 1962 - permission to allow the presence of their Advocate at visible but not audible distance - seeking permission for videography of their interrogation at the cost of the Petitioners - HELD THAT:- In case of RAJURAM PUROHIT VERSUS UNION OF INDIA [2018 (1) TMI 1528 - BOMBAY HIGH COURT], this Court has permitted the presence of the Advocate at visible but not audible distance and also the videography. We are respectfully bound by the view taken by this Court in case of Rajuram Purohit following principles of law laid down by the Supreme Court in judgment of Om Prakash Vs. Union of India [2011 (9) TMI 65 - SUPREME COURT]. In view of the fact that the Respondents have already issued Summonses annexed at Exh. ‘A’ to ‘F’ of the Petition, the Respondents are not required to issue fresh summons upon the Petitioners - Mr. Prakash Shah, learned counsel for the Petitioners states that the Petitioners who are already issued summonses would appear before the Respondent No. 3 on the date as may be assigned by the Respondent No. 3 alongwith their advocate for recording their voluntary statement at visible but not audible distance and would record the interrogation by videography at the cost of the Petitioners. The statement is accepted - The Respondents are directed to issue 72 hours clear notice to the Petitioners before fixing the date on which they require their presence in response to the summonses already issued to the Petitioners. The Petitioners shall not seek any unnecessary adjournment before the Respondent No. 1. The Petitioners are allowed to remain present in presence of their advocates at visible but not audible distance. Videography is also permitted to record their interrogation at the cost of the Petitioners - the interrogation and the recording of statement of the Petitioners shall be done during the office hours - petition allowed.
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