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2023 (3) TMI 1383 - BOMBAY HIGH COURTSeeking permission of recording his statement under Section 108 of Customs Act, 1962 in visible but not audible distance of advocate - HELD THAT:- The Petitioner alleges that he has been assaulted by some of the officers of the Customs Department in the past. This allegation of course has been denied by Respondent Nos. 1 and 2. But, what remains on record, is clear and it is the apprehension entertained by the Petitioner. It is this apprehension, which is required to be taken care of by us in a best possible manner. The best possible manner to deal with it is to allow presence of the advocate at a visible distance but beyond the audible distance. This will also ensure transparency in the enquiry that Custom Officers propose to make with the Petitioner and this is what has been done by this Court in several similar cases in the past. It is directed that if any statement of the Petitioner is to be recorded in terms of Section 108 of Customs Act, 1962, same shall be recorded in the presence of advocate of the Petitioner kept at a visible distance but not audible distance during interrogation. The prayer for videography is however rejected - Appeal allowed in part.
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