DIRECTOR OF ENFORCEMENT Vs. NATIONAL FERTILIZERS LIMITED

JUDGEMENT

(1.) By this petition under Section 482 Cr:P.C., the petitioner seeks to set aside the order dated 4.7.1996, to the extent that it permits the presence of the counsel during the interrogation of respondent No.2, passed by the learned Special Judge. Tis Hazari Courts, Delhi.

(2.) It is suggested from the petition that the petitioner filed an application on 1.7.1996 before the Special Judge, seeking permission to interrogate Mr. Sambasiva Rao (Respondent No.2) in connection with certain remittances amounting to US$ 38 million allegedly made by respondent No.l to respondent No.2 for import of 200 thousand MT of Urea in alleged contravention of the provisions of the Foreign Exchange Regulation Act. 1973 (FERA); that respondent No.2 has been remanded to judicial custody intentral Jail Tihar by the learned Special Judge in connection with the aforesaid matter which is being interrogated by the CBI.

(3.) The petition as well as the copy of the order dated 4.7.1996 aforestated, suggest that on 4.7.1996, the learned Sub Judge permitted the Enforcement Officer arid his team to interrogate respondent No.2 at Central Jail, Tihar and further ordered that respondent No.2 shall be entitled to have his counsel present during the investigation. It is this part of the order. viz. permitting the presence of the counsel during the investigation which is challenged and soughtto be set aside in this proceeding.