KISHORE J CHAWLA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Order of the Court is as follows :- THE petitioner has filed the above writ petitions, the first one for issue of a writ of mandamus, restraining the respondents from harassing the petitioners or using third degree methods against the petitioner and to restrict the enquiry between 11. 00 a. m. to 5. 00 p. m. , and the other writ petition, seeking to issue a writ of mandamus, directing the respondents 2 and 3 to permit the petitioner's Advocate to be present at the time of interrogation.

(2.) THE petitioner is a partner in M/s. J. Sons, engaging in the business of software and exports. According to the petitioner, the said firm imports educational video cassettes and they are sub-titled and dubbed or made into a multi-media presentation on CD Roms made out by clippings from these video cassettes and, thereafter, exported to several countries.

(3.) THE learned Senior Counsel appearing for the petitioner has relied on the decision in Roshan Beevi v. Joint Secretary to the Govt. , tamil Nadu, Public Dept. etc.- 1983 L. R. (Crl.) 289, in support of his submission. THE Full Bench of this Court in the said decision has held that sections 107 and 108 of the Customs Act do not give any power to the customs officials to take any person under compulsion and detention for a prolonged period under the guise of enquiry and interrogation.