JAGIR SINGH Vs. STATE

JUDGEMENT

(1.) The petitioners, who are said to have been involved in an offence of smuggling sandalwood from the Reserve Forests have filed this application for permission to have their lawyer by their side in the course of investigation in the above said crime registered as O.R. No. 3 of 1985-86 on the file of the Assistant Conservator of Forests, Nilgiris circle. In the application, it is stated that if they are not accompanied by their counsel, they are likely to be subjected to harassment and coerced to make incriminating statements. The granting of such a relief is opposed by the respondent on the ground that the investigation into an offence should necessarily be kept confidential till a charge-sheet is filed.

(2.) The point for determination is whether the petitioners are entitled to the presence of their advocate when they are interrogated during the preliminary investigation by the Assistant Conservator of Forests prior to the filing of the charge-sheet. Learned counsel for the petitioners relied on Art. 22(1) of the Constitution, which is as follows -

(3.) We have to consider the other aspects before coming to a conclusion in this matter. One is the necessity to keep the investigation confidential until the filing of the charge-sheet. Revealing details of investigation before the filing of the charge-sheet is likely to hamper the progress of investigation. A single Judge of this Court in Muthuswami In re, 1982 Mad LW (Cri) 60, held as follows -