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Nitin Jain Versus DRI & Anr.

Interrogation under section 108 of the Customs Act, 1962 - Held that: - The petitioner would be permitted to be accompanied by his counsel to DRI Office when he next goes there for being interrogated under Section 108 of the Customs Act, 1962 - petition allowed - decided in favor of petitioner. - W.P.(Crl) 2388/2015 - Dated:- 20-10-2015 - Ashutosh Kumar, J. For the Petitioner : Anjali J. Manish, Karan Chawla, Piyus Ranjan For the Respondents : Satish Aggarwal ORDER The petitioner has prayed for .....

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I on the dates and time prescribed/intimated. The petitioner had last appeared before the customs department on17.07.2015. The apprehension in the mind of the petitioner of his being put to coercion, stems from the fact that while the petitioner was first summoned by the customs department, he was directed to appear in the morning of 03.08.2015 and the notice regarding the same was dispatched and received by him only in the evening of the same day i.e. 03.08.2015. Not only this, it has been subm .....

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rcion or threatening by the interrogating authorities. Mr.Satish Aggarwal, learned advocate appearing on behalf of the DRI, though, has denied all such statements made by the petitioner, but has opposed the innocuous prayer of the petitioner of permitting him to appear before the DRI along with a lawyer of his choice. Mr. Aggarwala refers to a judgment of the Supreme Court namely Poolpandi vs. Superintendent, Central Excise 1992 (60) E.L.T. 24 (SC) wherein it was held that if a person is called .....

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