S. Haque, C. J. (Acting) — Heard learned senior counsel Mr. B. K. Das on behalf of the petitioner Shri Surendra Singh Rana, a permanent resident and businessman of Dimapur. Also heard learned Senior Central Govt. Standing Counsel Mr. S.k. Chand Mohammad appearing on behalf of the respondents. The petitioner was interrogated in the course of investigation by the Customs and Central Excise Officers at Shillong in connection with the Case No. 2/CL/CUS/DMR/90, dated 17.9.90 and Case No. 2/CL/Cus/DMR/90, dated 17. 2. 90 during the period from 5th March to 19th March, 199). It is complained that the petitioner was tortured during the course of interrogation by detaining him at night also. We have perused the injury report in support of the complaints. We find that the complaints/allegations are not to be doubt as wholly untrue. Now learned senior counsel Mr. B.K. Das submits for a direction that the petitioner be interrogated at Dimapur, if so required, and in presence of his counsel. Mr. Sk. Chand Mohammad submits that there is no provision to allow counsel to be present at the time of interrogation during investigation. Mr. Das refers us to Manna Singh vs. State of M. P. reported in 1989 Crl. L. J. 580(Para 21). We find force in the submission of Mr. Das and perused the propositions laid down in para 21. Upon hearing learned counsel of both sides and considering the facts and law we pass the following directions :- We direct respondent Nos. 2 and 3, Addl. Collector, Customs and Central Excise, Shillong and Superintendent of Customs and Central Excise, Dimapur respectively to interrogate the petitioner at Dimapur, if further interrogation is required, in presence of a counsel of his choice and only at day time. Mr. Das submits that the respondents No. 2 and 3 had taken possession/custody of sale deed from the petitioner, which is in respect of purchase of land at Joypur. So, we further direct respondents No. 2 and 3 to return the original sale deed to the petitioner after retaining a Photostat copy, so that the petitioner can get the deed registered. This petition is disposed of with the above order and directions. Intimate all concerned.