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2023 Supreme(SC) 936

VIKRAM NATH, SANJAY KUMAR
Birendra Kumar Pandey – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. Sarthak Sachdev, Advocate, Mr. Rakesh Dahiya, Advocate, for the Appellant; Mr. N. Venkatraman, A.S.G. (NP), Mr. Arijit Prasad, Sr. Advocate, Mr. T.A. Khan, Advocate, Mr. Mukesh Kumar Maroria, Advocate, Mr. V.C. Bharathi, Advocate, for the Respondent.

ORDER

1. This petition under Article 32 of the Constitution of India claims the following relief:

    "(a) Issue an appropriate writ, order or direction to the Respondents to permit the petitioners interrogation and recording of statements under Section 108 of the Customs Act, 1962 in presence of their advocate at a visible distance, may be beyond audibility."

2. By an interim order dated 16.04.2012, this Court granted following relief to the petitioners. The said order reads as under :

    "Crl.M.P. No.9177 of 2012, has been filed on behalf of the petitioners, inter alia, for an order in similar terms as was passed in the case of Rajendra Arora and Others v. Union of India and Others, on 7th December, 2010, or in the case of Mukund Bhai Patel v. Union of India and Others, on 4th March, 2011, so far as the recording of statement and interrogation of the petitioners' was concerned, during the pendency of the instant petition.

    As indicated hereinabove, we have had occasion to pass orders on similar applications before.

    The petitioners have been served with notice under Section 108 of the Customs Act, 1962, to appear before the concerned customs authority for interrogation in connection with certai

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