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2012 Supreme(SC) 2727

ALTAMAS KABIR, J.CHELAMESWAR, RANJAN GOGOI
VIJAY SAJNANI – Appellant
Versus
UNION OF INDIA – Respondent


ORDER :

1. CRLMP.No.10117 of 2012, has been filed in Writ Petition(Crl.)No.29 of 2012, inter alia, for interim directions to allow the learned counsel of the petitioners to be present at a visible distance, but beyond hearing range, at the time of interrogation of the petitioners by the custom authorities.

2. As will appear from paragraphs 2 and 3 of the petition, the writ petition itself was filed for the same reliefs.

3. Similar matters have been filed before us earlier and in those matters, we had directed that during interrogation of the petitioner(s), his/their counsel would be allowed to be present within visible distance, but beyond hearing range. Inasmuch as, the same orders are being passed in these matters, we dispose of the writ petition by directing that in similar cases, in the event the person(s) summoned under Section 108 of the Customs Act, 1962, wishes for similar orders, he(they) may apply to the custom authorities concerned and a similar provision may be made for his/their interrogation in the presence of learned counsel, as indicated hereinabove.

4. Accordingly, we allow the criminal miscellaneous petition, as well as the writ petition and direct that the petitioner

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