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2017 Supreme(Del) 2798

VINOD GOEL
SANGIT AGARWAL – Appellant
Versus
DIRECTOR GENERAL, DIRECTORATE OF REVENUE INTELLIGENCE – Respondent


Advocates Appeared:
For the Petitioner: Ms. Anjali J. Manish, Adv.
For the Respondent: Mr. Vinod Diwakar, CGSC with Ms. Shivee Pandey and Mr. Sanjay Pal, Ms. Richa Kapoor, ASC.

JUDGMENT :

VINOD GOEL, J.

1. Notice. Mr.Vinod Diwakar, CGSC for the respondents No.1, 3 to 5, accepts the notice. Ms. Richa Kapoor, ASC for the State, accepts the notice on behalf of respondent No.2.

2. At this stage, learned counsel for petitioner states that respondent No.2 is not a necessary party and may be deleted. Respondent No.2 is therefore deleted from the array of parties.

3. The petitioner has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India, read with Section 482 of Cr.P.C. for issuance of a writ of mandamus directing the respondents to interrogate him under Section 108 of the Customs Act, 1962 in the presence of his Advocate who shall be present at a visible distance though not within the audible/hearing range.

4. Mr. Diwakar, CGSC for respondents No.1,3 to 5, opposes the prayer of the petitioner mainly on the ground that the petitioner had been issued notice four times and instead of appearing before the Customs Officer, he had been sending the documents only by post. He submits that the petitioner is not entitled for any relief.

5. The petitioner is summoned by the DRI under Section 108 of the Customs Act, 1962 in connection with s








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