Samaresh Banerjea, J. - (1.) The instant writ application has been moved by the Writ Petitioner, who admittedly has been issued with a summons under Section 108 of the Customs Act, challenging the said summons and praying for two fold reliefs. Firstly, it as been prayed in the writ petition that writ of mandamus do issue upon the respondents for dealing with and disposing of the representation being Annexure F to the writ petition which has been made by the petitioner. The second relief which has been prayed for is for issue of a writ in the nature of mandamus directing the respondents to desist from taking any coercive action or police method against the petitioner till the disposal of the aforesaid representation being Annexure F to the writ petition and for permitting the petitioner to take the assistance of a lawyer during the course of investigation/interrogation by the concerned respondent during the normal office hours not more than two hours for his ailing health condition and also a Stenographer if the petitioner's statement is required to be recorded in writing.
(2.) Although in the writ petition the petitioner has also challenged the legality and propriety of the issue of very summons under Section 108 of the Customs Act it is not necessary for this Court to go into such question in view of the fact that the learned Senior Counsel appearing on behalf of the writ petitioner Mr. Somnath Chatterjee at the time of hearing of the application con-fined his submissions only on the prayer made in the writ petition for allowing the assistance of a Lawyer and a Stenographer as also for a direction upon the respondents to dispose of the aforesaid representation being Annexure F to the writ petition.
(3.) It is also to be placed on record that both the present writ applications were taken up for consideration by this Court on 30th April, 1998 when after hearing the parties for some time it was decided by this Court that since the petitioner is now praying for only the aforesaid two reliefs the entire writ petition may be disposed of on merits without any exchange of affidavits which was agreed to by the parties.;