TMI Blog2020 (8) TMI 567X X X X Extracts X X X X X X X X Extracts X X X X ..... guishable on the basis of facts and circumstances stated therein. So far as apprehension of petitioner that he may be physically assaulted or manhandled is concerned, this Court is of the opinion that it is a well settled law now that no inquiry/ investigating officer has a right to use any method which is not approved by law to extract information from a witness/ suspect during examination and in case it is so done, no one can be allowed to break the law with impunity and has to face the consequences of his action. No grounds are made out to allow the presence of the Advocate while questioning or examination by the officers of the respondents - Application dismissed. - W.P.(CRL) 766/2020 & CRL. M.A. 5730/2020 - - - Dated:- 20-3-202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the respondents to conduct the investigation without use of any coercive means along with video recording of the statements of the applicant and to allow the presence of the Lawyer at visible yet inaudible distance of the applicant. 2. Ld. Sr. Standing counsel for the respondents seeks time to file reply to the said application. However, Ld. Counsel for the petitioner insists for immediate issuance of directions to the respondents. 3. Ld. Counsel for the petitioner has submitted that applicant was picked up on 07.03.2020 and was kept in illegal detention for three consecutive days. He has been beaten ruthlessly and was coerced to write incriminating statement. It is submitted that investigation by the respondents is not being condu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 992 AIR 1795 (SC) , has categorically held that presence of a lawyer cannot be allowed during questioning under Customs Act and the relevant para runs as follows; 11. We do not find any force in the arguments of Mr. Salve and Mr. Lalit that if a person is called away from his own house and questioned in the atmosphere of the customs office without the assistance of his lawyer or his friends his constitutional right under Article 21 is violated. The argument proceeds thus : if the person who is used to certain comforts and convenience is asked to come by himself to the Department for answering question it amounts to mental torture. We are unable to agree. It is true that large majority of persons connected with illegal trade and evasion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Emphasis supplied). 6. Thus, the Hon ble Supreme Court in Pool Pandi s judgment (Supra), has categorically held that presence of a lawyer cannot be allowed during examination/ interrogation by a Customs Officer. It was held that relevant provisions of the Constitution in this regard have to be construed in the spirit in which they were made and benefit thereunder should not be extended to exploiters engaged in Tax Evasion at the cost of public exchequer. The submission of the petitioner regarding presence of lawyer in the interrogation was, therefore, declined by the Hon ble Supreme Court. 7. The petitioner in the present case has been summoned by the Officers under GST Act who are not Police Officers and who have been conferred with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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