Sanjay Anand v. Union Of India And ORS.

15 wp 1549.19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1549 of 2019 Mr. Sanjay Anand .....Petitioner versus Union of India and ors.

.....Respondents Mr. V. D. Patil i/b. Mr. M. V. Thorat, advocate for the petitioner. Ms. Rebecca Gonsalvez, advocate for the respondent Nos.1, 3 and 4. Mr. K. V. Saste, APP for the State.

CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 15th APRIL, 2019.

P. C. :

The petitioner is seeking following relief:

"(a) Issue appropriate directions to the Respondents to allow the presence of petitioner's advocate at a visible but not audible distance during the course of interrogation and/or recording of the statement of the Petitioner, if the petitioner, is summoned by the Respondents."

2.

Ms. Gonsalvez, learned counsel for the respondent Nos.1, 3 and 4, on instructions of Mr.Manoj Kumar, Intelligence Officer from DRI who is present before the Court, makes a statement that she has no objection if the relief claimed in prayer clause (a) is granted in favour of the petitioner. The statement is accepted.

Shubhada S Kadam 1/2

15 wp 1549.19.doc 3.

By way of interim relief, the petitioner has sought direction to the respondents, not to take coercive action against him. Ms. Gonsalvez, on instructions, makes a statement that since the offence, in question, is bailable, the respondent -authority do not intend to arrest the petitioner. The statement is accepted.

4.

In the light of the above, the writ petition is allowed in terms of prayer clause (a) and is disposed of as such. 5.

The petitioner, however, is directed to attend the office of the DRI-respondent No.4 on 22nd April, 2019 at 11.00 am and cooperate with the investigation in the subject case.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2