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Shamrock Chemie Pvt Ltd & 1 Versus Union of India & 4

2015 (10) TMI 2086 - GUJARAT HIGH COURT

Issuance of writ to direct Respondent not to torture or man handle the petitioner during investigation – Petitioner contends that lawyer be present at a visible distance during investigation while Revenue agrees with the same adding further that lawy .....

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n issued for maintaining transparency in the interrogation – Decided in favour of Petitioner. - Special Civil Application No. 3136 of 2015 - Dated:- 4-3-2015 - Mr. Jayant Patel and Mr. S.H. Vora, JJ. For the Petitioner : Mr Si Nanavati, Sr. Adv. For .....

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ior Counsel for the petitioner that there is urgency in the matter since summons has been issued to petitioner No.2 to remain present on 09.03.2015. Hence, we had directed the learned counsel to inform Mr. Oza, who is appearing for the respondent. Ac .....

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the petitioner be permitted to be accompanied by the lawyer during the investigation. 4. Mr. Nanavati, learned Senior Counsel appearing for the petitioner, during the course of hearing, by relying upon two decisions of the Division Bench of this Cou .....

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satisfied with the same. Whereas, Mr. Oza, learned counsel appearing for the respondent submitted that as such, the facts of those cases were different and, therefore, the decisions cannot be made applicable, as sought to be canvassed on behalf of th .....

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same. 5. Considering the facts and circumstances and without entering into the allegations and counter allegations regarding ill-treatment, we find that the basic thread is voluntariness of the statement, even during the interrogation. As there is ap .....

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ot within the hearing range as and when petitioner No.2 is interrogated by the respondent - authority, if such an interrogation is required after the petitioner remains present pursuant to the summons issued. We may also record that such a course has .....

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