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2018 (1) TMI 1281

Head Note:
Permission for interrogation u/s 108 of the Customs Act, 1962 in the presence of his Advocate - Held that: - similar issue decided in the case of Vijay Sajnani & Anr. Versus Union of India & Anr. [2012 (4) TMI 706 - SUPREME COURT OF INDIA], where it is directed that the petitioners' advocate should be allowed to be present during the interrogation of the petitioners. He/they should be made to sit at a distance beyond hearing range, but within visible distance and the lawyer must be prepared to be present whenever the petitioners are called upon to attend such interrogation.

The respondent is directed that as and when the petitioner is called upon under Section 108 of the Customs Act, 1962 by the Customs Authorities, he shall be interrogated in the presence of his Advocate who shall be available at a visible distance but beyond the hearing range - petition allowed.

 


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