🖨️ Print / Download PDF

Abhishek Agrawalla Vs Commissioner of Customs

Case No: Writ Petition (CRL) No. 2459 of 2016 and Crl. M.A. No. 13005 of 2016

Date of Decision: Aug. 23, 2016

Citation: (2016) 341 ELT 43

Hon'ble Judges: Vipin Sanghi, J.

Bench: Single Bench

Advocate: S/Shri Pramod Kumar Rai, Senior Standing Counsel and Deepak Anand, Junior Standing Counsel, for the Respondent; Ms. Anjali J. Manish and Shri Priyadarshi Manish, Advocates, for the Petitioner

Final Decision: Disposed Off

Translate: English | हिन्दी | தமிழ் | తెలుగు | ಕನ್ನಡ | मराठी

Judgement

@JUDGMENTTAG-ORDER

Vipin Sanghi, J. - Issue notice. Learned counsel for the respondents accepts notice. Counter-affidavit be filed within four weeks. Rejoinder, if

any, be filed before the next date.

2. List on 1-12-2016.

3. In the meantime, it is directed that the petitioner while complying with any further summons issued under Section 108 of the Customs Act, 1962

shall be entitled to be accompanied by his counsel, who shall remain present during the course of questioning of the petitioner. The respondents

shall conclude the questioning in response to the summons that may be issued under Section 108 of the Customs Act promptly and without any

undue delay. The statement shall be recorded during office hours, i.e. between 10:00 a.m. and 5:00 p.m. with the usual breaks in between. For

recording the statement, the respondent may issue fresh summons under Section 108 of the Customs Act against the petitioner as and when

required.

4. It is made clear that the statement of the petitioner that may be recorded in response to the summons issued under Section 108 of the Customs

Act shall be without prejudice to the rights and contentions of the parties and shall abide by further orders passed in this petition.