Bombay High Court
Prithviraj S. Kothari S/O Saremal ... vs Union Of India And Ors on 11 March, 2019
Bench: Ranjit More, Bharati H. Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1309 OF 2019
Prithviraj S. Kothari
S/o. Saremal Kothari & Ors. ..Petitioners
V/s.
Union of India & Ors. .. Respondents
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Mr.Sujay Kantawala a/w Mr.h.K. Sudhakar i/b HKS Legal for the
Petitioners.
Mr.J.B. Mishra for Respondent Nos.1 and 2.
Mrs.A.S. Pai, APP for the Respondent-State.
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CORAM : RANJIT MORE &
SMT.BHARATI H. DANGRE, JJ.
DATE : 11th MARCH 2019
P.C.
1. Not on board. Taken on board.
2. Mr.Kantawala learned counsel for the petitioner at the
outset submit that issue involved in the petition is sub judice before
the Hon'ble Apex Court. The statement is not disputed by the
learned counsel for the respondent Nos.1 and 2. The common
statement is made at bar that the hearing the petitions in which
similar issue is involved are listed before the Apex Court That
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apart, several writ petitions involving same challenges are also
pending before this Court and the matter listed for further hearing
on 03.04.2019.
3. In light of the above we defer hearing of the petition,
stand over to 03.04.2019. By way of ad-interim relief we pass
following order :-
ORDER
(i) The petitioners and their officers/ employees/ agents/ sellers and purchasers shall not arrest in connection with the investigation in File No. V/AE/MC/TF-III/AR/302/2019, without following the procedure prescribed under the Criminal Procedure Code.
(ii) It is however, made clear that the petitioners and officers/ employees/ agents/ sellers and purchasers shall not co-operate with the investigation, they also shall respond to the notices/summons issued by the respondent authority.
(iii) We direct the petitioner Nos.1 and 2 to remain
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present before the respondent No.2-authority at 11.00 a.m. on 12th March 2019.
(iv) We permit advocate for the petitioner to accompany him at visible at not audible distance during his interrogation by the Officers of DRI in accordance with the general direction given by the Hon'ble Supreme Court in the matter of Vijay Sajnani Vs. Union of India in Crl.M.P. No.10117 of 2012 in WP (Crl.) 29 of 2012.
(v) In view of the statement which is recorded by the Hon'ble Apex Court in its order dated 07/12/2010 in Rejendra Arora and Ors Vs. Union of India and Ors in WP (Civil) No(s) 389 of 2010, we direct that Department shall viedograph recording of the statement and examination of the petitioner as well as goods. The same shall be at the cost of the petitioner. Needless to say that the accused would not be entitled to copy thereof, unless so ordered by this Court.
4. The learned counsel for the petitioner seek leave to N.S. Kamble page 3 of 4 ::: Uploaded on - 12/03/2019 ::: Downloaded on - 13/03/2019 01:18:42 ::: p-504-wp-1309-2019 amend the cause title of the petition. Since the petition is at admission stage. Leave is granted. Amendment shall be carried out during the course of the day.
(SMT.BHARATI H. DANGRE, J.) (RANJIT MORE, J.)
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