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2019 (12) TMI 1247 - DELHI HIGH COURTReview petition - request for presence of an advocate at visible, but not audible, distance, during the course of recording of the statement of the petitioner - Misdeclaration of value of imported goods - RO membrane - disobedience of the summons by petitioner - HELD THAT:- In the first place, this request cannot be made in a review petition, as it does not satisfy any of the grounds, on which review can be sought, as contemplated by Order XLVII Rule 1 of the Code of Civil Procedure, 1908 - Also, it is a settled position, in law, that the third ground for review, i.e. “any other sufficient reason” has to be read ejusdem generis to the first two grounds. No doubt, if a litigant, in a particular case, is able to produce credible material to indicate a real and live apprehension, of the possibility of coercive methods being employed, while recording of his statement under Section 108 of the Act, the court can always permit the presence of an advocate, at visible, but not audible, distance, during the course of recording of the statement - The apprehension of coercive measure being employed is, however, required to be real and live, so that the grant of permission to have the presence of an advocate, at visible, but not audible, distance, which is an exception, does not become the rule. In order to satisfy ourselves, regarding the reasonableness of the petitioner’s request, we queried, of Ms. Manish, in that regard, whereupon she submits that, during the course of proceedings before the learned Metropolitan Magistrate, her client was surrounded by several officers of the DRI, who served, on him, summons to appear, so that his statement could be recorded. This, she submits, has created apprehensions, in her client’s mind, of possible coercion, if and when he appears in response to the summons - To our mind, this can hardly constitute a reasonable basis for the petitioner to apprehend coercion, during the recording of his statement, so as to justify a prayer for being permitted for the presence of an advocate at visible, though not audible, distance, during the course of recording of his statement. Review petition dismissed.
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