The main legal point established is the allowance of the petitioner's advocate to be present during interrogation by custom authorities, with specific conditions regarding the advocate's proximity and readiness to be present.

ORDER :

1. These writ petitions have been filed on behalf of the respective petitioners for an order, similar to the order passed earlier in Writ Petition (Crl.) No.28 of 2012 on 16th April, 2012, by which this Court had permitted the petitioners’ interrogation by the custom authorities in the presence of an advocate at a visible distance.

2. Learned Additional Solicitor General, Mr. Raval, submitted that the earlier order may require a re-think on account of certain decisions of this Court which had not been placed before us. That, in our view, amounts to review of the order, which we had passed. The respondent would be at liberty to take steps accordingly. However, as far as these writ petitions are concerned, we allow the same and direct that the petitioner’s advocate should be allowed to be present during the interrogation of the petitioner’s but he should be made to sit at a distance within visible range, but beyond hearing range and the advocate must be prepared to be present whenever the petitioner is called upon to attend such interrogation.

3. The writ petitions are allowed in the above terms.

4. We make it very clear that the petitioner must cooperate with the Directorate of Revenue Intelligence, and be present for interrogation whenever called upon to do so.