Bombay High Court
Ziyauddin Shamsuddin Khan vs Union Of India And Ors on 26 September, 2018
Author: Bharati H. Dangre
Bench: Ranjit More, Bharati H. Dangre
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ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4243 OF 2018
Ziyauddin Shamsuddin Khan .....Petitioner
Director of Sunfix Plast Private Limited
V/s.
Union of India and others .....Respondents
Dr. Sujay Kantawala a/w Ms. Sabeena Mahadik, Mr. Sagar Hate,
Mr. Kartik, Mr. Mangesh Avhale for the petitioner
Mr. H. S. Venegaonkar for respondents.
CORAM : RANJIT MORE &
BHARATI H. DANGRE, JJ.
DATE : 26th SEPTEMBER, 2018
P.C.
Not on board. Mentioned for production. In view of urgency, production was granted and taken on board.
2 Mr. Kantawalla, learned counsel for the petitioners, at the outset, submitted that the issue involved in this petition is sub Digitally signed by Iresh Iresh Siddharam Siddharam Mashal Date:
Mashal 2018.09.28
16:27:42 +0530
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judice before the Apex Court. He also submitted that the above issue is also sub judice in several criminal writ petitions pending before this Court. The submission of Mr. Kantawalla is not disputed by Mr. Venegaonkar for respondents.
2 In the light of the above, we defer the hearing of this petition till 10th October 2018.
3 Mr. Kantawala submitted that the petitioner shall be attending the Office of respondent no. 5 from Monday i.e. on 1 st October 2018.
The Statement is accepted.
4 By way of interim relief, we pass the following order:
i) Till next date, no coercive action shall be taken against the petitioner in respect of File No. DRI/NRU/CI-26/INT-
0/ENQ-48/2018/961.
ii) We permit the advocate of the petitioners to accompany the petitioners at visible but not audible distance during their interrogation by the officers of DRI in accordance with the general direction given by Hon'ble Supreme Court in 3 505.4243.18 wp.doc the matter of Vijay Sajnani versus Union of India in Crl.M.P.No.10117 of 2012 in WP(9Crl.) 29 of 2012.
iii) In view of the statement which is recorded by the Hon'ble Apex Court in its order dated 7 th December, 2010 in Rajendra Arora and ors. Versus Union of India and ors. In Writ Petition (Civil) No(s) 389 of 2010, we further direct that the Department shall videograph recording of the statement and examination of the petitioners as well as goods. The same shall be at the cost of the petitioners. Needless to stated that the accused would not be entitled to copy thereof, unless so ordered by this Court.
[BHARATI H. DANGRE, J.] [RANJIT MORE, J.]