TMI Blog2021 (4) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... en given in the judgment SENIOR INTELLIGENCE OFFICER VERSUS JUGAL KISHORE SAMRA [ 2011 (7) TMI 910 - SUPREME COURT ] wherein presence of an advocate at a visible but not audible distance was permitted which would not amount to any active participation of the advocate. The situation of Corona/COVID-19 for the last two weeks has increased exponentially, there has been lock down in Maharashtra, Panjab, Chandigarh and various other states. Even curfews have been imposed in Delhi and Chandigarh. Considering the fact that the petitioners are in Kerala and also for the safety of the DRI officials, it is directed that petitioners would appear before the investigating officers on 15.04.2021 from 10 a.m. till 6.p.m. And would be entitled to have a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1962 by video conferencing in investigations under Customs Act, 1962 in File No.DRI/MZU/E/INT-65/2019, by temporarily waiving their physical presence, till further rise in Covid-19 cases comes to a halt; (b) At the interim / ad-interim stage, pending final disposal of the instant writ petition, the Respondent no. 1 may please be directed to permit the petitioners to forthwith record their statements under Section 108 of the Customs Act, 1962 by video conferencing in investigations under Customs Act, 1962 in File No. DRI/MZU/E/INT-65/2019, by temporarily waiving their physical presence: (c) Any other further directions as may deem just, fit and expedient may also please be passed. (d) Grant such other relieve that this Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble High Court of Delhi Petitioners are in detention in Thiruvananthapuram Jail. After the period of quarantine the respondents are directed to expedite the recording of the statement under Section 108 and issue regarding show cause notice under Section 124 of the Customs Act be expedited. The writ petition with aforementioned observation stands disposed of. 2. I.A.No.1/2020 has been filed seeking clarification of the order to the limited extent that the direction given by this Court for expeditious issuance of show cause notices under Section 124 of the Customs Act construed as the issuance of show cause notice immediately in view of the fact that almost six months have passed since passing of the judgment dated 22.06.2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h various documentary and digital evidences inside the jail premises in siphoning off the smuggled gold. It was felt that the petitioners be summoned and questioned independently to complete the investigation. (4) Show cause notices dated 17.12.2020, 31.12.2020 and 14.01.2021 were issued. Petitioners neither appeared before the DRI nor replied to the aforementioned summons and have only stated about the summon dated 31.12.2020. (5) Show cause notices were issued to several persons including the petitioners on 24.09.2019 followed by a supplementary notice dated 24.02.2020. But the issuance of the show cause notice in respect to the illegal acts committed by the petitioners under investigation as of now is required. 4. Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edings. It is in that background directions for expediting the show cause notices were issued by this Court. Since the DRI wants the further statement of the petitioners being dissatisfied with the statements recorded while in custody, unless the addendum to the show cause notice dated 24.09.2019 is issued before the adjudicating authority showing progress of further investigation, the penal and confiscated adjudication would be further delayed, not regarding the petitioners but other persons also. 7. In Poolpandi and Others Vs. Superintendent, Central Excise and Others ((1992) 3 SCC 259) Supreme Court was pleased to reject the argument recorded in paragraph No.5 thereof claiming the presence of lawyer for active participation who could ..... X X X X Extracts X X X X X X X X Extracts X X X X
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