Rahul Pandey And ORS v. Principal Additional Director General Director Of Revenue Intelligence Kolkata Zonal Unit And ANR
OD-1
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/237/2024 RAHUL PANDEY AND ORS VS PRINCIPAL ADDITIONAL DIRECTOR GENERAL DIRECTOR OF REVENUE INTELLIGENCE KOLKATA ZONAL UNIT AND ANR ..........
BEFORE :
THE HON'BLE JUSTICE JAY SENGUPTA Date : 12th April, 2024.
Appearance :
Mr. M. Singh, Adv; Mr. A. Agarwal, Adv.; Mr. K. Chatterjee, Adv.; Ms. S. Nesar, Adv., for petitioners.
Mr. K.K. Maiti, Adv.; Mr. T. Bhanja, Adv., for respondents. The Court : - Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 and his sons have been issued notices under section 108 of the Customs Act. Pursuant to such notice, two sons of the petitioner no.1 had attended the office of the respondent authorities on March 6, 2024. Surprisingly, both the sons of the petitioner no.1 were mercilessly beaten up when they went to attend the said notices. Reliance is placed on photographs and medical reports. The petitioner no.1 has also been asked to attend the said authorities on April 18, 2024. The petitioners pray that the interrogation may be videographed. Learned counsel appearing on behalf of the respondents submits as follows. The allegations made in the writ petition are denied. However, there is no harm if the
interrogation of the petitioner no.1 and, for that matter, of the other notices are videographed.
It is indeed very surprising to come across such allegations of assault made by the DRI personnel. However, as the respondents have agreed to videograph all further investigations, there is no need to go into all these at this stage. The writ petition is disposed of by directing the respondent authorities to videograph the interrogations of the petitioners as also examinations of all accused in this case on April 18, 2024 and/or on any subsequent date. The petitioners shall also cooperate with the investigation.
Since the writ petition is disposed of without calling for affidavits, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
Urgent photostat certified copy of this order, if applied for, shall be supplied to the parties subject to their compliance with all the requisite formalities. (JAY SENGUPTA, J.) tk