TMI Blog2023 (5) TMI 1158X X X X Extracts X X X X X X X X Extracts X X X X ..... fe distance where from where he can see the accused but not hear him . The petition is allowed in terms of order in DIRECTORATE OF ENFORCEMENT VERSUS SATYENDAR KUMAR JAIN [ 2022 (6) TMI 382 - DELHI HIGH COURT] . - CRL.M.C. 2869/2022 - - - Dated:- 26-5-2023 - HON'BLE MR. JUSTICE DINESH KUMAR SHARMA Petitioner Through: Mr. Zoheb Hossain, Counsel for ED with Mr. Adit Khorana, Mr. Baibhav and Mr. Vivek Gurnani, Advs Respondent Through: None. JUDGMENT DINESH KUMAR SHARMA, J. (Oral) 1. The present petition has been filed with the following prayers: a) Set aside the impugned direction in order dated 31.05.2022 passed by the Ld. Addl. Sessions Judge/Special Judge (PC Act), CBI-24 (MPs/MLAs Cases) RADC, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused shall be allowed to remain present at a safe distance where from he can see the accused but not hear him. 3. Heard. 4. The core issue raised in the matter is - if the respondent has a right of presence of his lawyer during recording of his statements under Section 50 of PMLA, at a safe distance from him from where the lawyer can see the accused and not hear him. 5. Both the learned counsels have cited various judgments on this issue. 6. In Poolpandi and Others vs. Superintendent, Central Excise and Others 1992 (3) SCC 259 , the Court did not find force in the argument 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms Act primarily relates to the smuggling of goods. Section 108 confers upon a Gazetted officer of the Customs the powers to summon any person whose attendance he considers necessary to give evidence or to produce a document or any other thing in any enquiry which such officer is making in connection with the smuggling of goods. The person so summoned is bound to attend and to state the truth upon any subject respecting which he is examined or makes statements and produce such documents and other things as may be required. Therefore, the impugned summons cannot be set aside. The petitioner is required to appear and answer such questions and give such information regarding himself which do not tend to incriminate him. In our view the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... torate of Revenue Intelligence v. Jugal Kishore Samra (2011) 12 SCC 362 which though relied on Poolpandi s case (supra) but granted permission only in the special facts and circumstances of the case viz the respondent in such case was suffering from heart disease and his brother was subject to torture as alleged. 11. The learned senior counsel for the respondent, however, submitted this facility is allowed time in and time out and has referred to various cases viz. Vijay Sajnani and Another vs. Union of India and Another (2019) 18 SCC 819; Mahender Kumar Kundia vs. Union of Inida and Another (2015) 15 SCC 419; Rohit Sakhuja vs. Deputy Director, Directorate of Revenue Intelligence (2019) 18 SCC 821; Rajinder Arora and Ors. vs. Union ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Vasantrao (supra) has taken a contrary view from the Division Bench of this Court in Sandeep Jain (supra) and therefore the view taken by the Divison Bench of this Court needs to be followed. 14. Thus in view of the above since there is neither any FIR nor a complaint against the respondent thus he cannot as a matter of right claim to have the presence of his lawyers during the course of recording of his statement per Ramesh Chander Metra (supra) and Anant Brahmchari (supra). Even otherwise, admittedly, his entire recording of statement is videographed and audiographed which certainly would dispel the apprehension of any coercion, threat to the respondent. Even otherwise, in Sandeep Jain (supra) the Division Bench of this Court held ..... X X X X Extracts X X X X X X X X Extracts X X X X
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