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Judgment
The present writ petition has been filed seeking a writ of Mandamus directing the respondents to comply with the due procedure established by law; for directing the respondents to permit provisional release of the cigarettes imported vide the three Bills of Entry and seized at Ludhiana and Delhi on payment of differential duty and for directing the respondents to permit the petitioners to have their Advocate present at a visible but not audible distance during their interrogation.
We heard the submissions made by the learned counsel for the writ petitioners.
Learned counsel for the petitioners submits that the petitioners are ready to join investigation and they will appear before the DRI Officials every day between 11 AM to 5 PM. It is his further submission that let coercive steps be not taken and the petitioners'' counsel may be permitted to remain present during interrogation of the petitioners.
We went through the order dated 27-3-2015 passed by the Hon''ble Supreme Court in Mukesh Sahni and another v. Union of India and others [WP (Crl) 47/2015]; orders dated 16-2-2016 and 27-10-2015 passed by the Hon''ble Bombay High Court in Gupta Coal India Pvt. Ltd. v. Union of India (WP No. 646 of 2016); Kirti Shrimankar v. Union of India (WP 3815 of 2015) respectively, order dated 31-7-2015 passed by the Kerala High Court in Kishin S. Loungani v. Union of India and others [WP (Cr.) 333/2015]; orders dated 12-2-2016 and 14-4-2015 passed by the Hon''ble Delhi High Court in Rajeev Sharma and another v. Union of India and others [WP (Cr) 436/2016 and Crl. MA 2343/2016] and Mukesh Sahni and another v. Union of India and others (Crl. MC 1504/2015) respectively; and order dated 16-3-2016 passed by the Andhra Pradesh High Court in MBG Commodities Pvt. Ltd. v. Union of India (WP 7458 of 2016).
Notice of motion to the respondents returnable by 17-6-2016. Dasti process as well.
Considering the nature of allegations against the writ petitioners in the light of the orders passed by the above High Courts besides an order passed by the Hon''ble Supreme Court, we direct the petitioners to join investigation by appearing before the DRI officials every day between 11 AM to 5 PM from 15-6-2016 onwards. Respondents are directed not to take coercive steps against the writ petitioners. During the course of investigation of the petitioners, petitioners'' counsel is permitted to remain present at visible but not audible distance. A DRI official be present on the next date of hearing to inform the Court about the duty liability of the petitioners in respect of subject three Bills of Entry.
Copy of the order be furnished to the learned counsel for the petitioners dasti, attested under the signatures of Bench Secretary.