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Nitin Jain Versus DRI & Anr.

2015 (10) TMI 2652 - DELHI HIGH COURT

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 - petit .....

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issuance of an order or direction to the respondent authorities to permit interrogation under section 108 of the Customs Act, 1962, only within the office hours, and that also in the presence of an advocate, at a visible distance. It has been submitt .....

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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 .....

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itted that when the petitioner appeared on 04.08.2015, he was arrested and he remained in custody till 18.09.2015. As long as the petitioner remained in judicial custody, no statement was recorded by the respondent. Only when the petitioner was relea .....

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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 permi .....

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from his house and is questioned in an atmosphere of customs office without assistance of his lawyer or friend, no constitutional right under Article 21 is violated. Learned counsel for the petitioner, on the other hand, has drawn attention of this C .....

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