2021 (2) TMI 1399 - HC - Indian Laws

Seeking modification of an order transferring the investigation of a case involving the illegal import of goods to the Central Bureau of Investigation (CBI) - HELD THAT - The apprehension expressed by the C.B.I is misplaced as this Court has already handed over the investigation to C.B.I and merely filing of application would not mean that C.B.I should stay away from the investigation. In spite of filing of this application the C.B.I still could have gone ahead with the investigation by registering the offence in the matter. About the probability of the application being allowed we must say that even in that case whatever investigation was made would stand handy for the new agency to make further investigation effectively. It is informed across the bar by the learned counsel for C.B.I that as per the information received no offences have been registered so far. It is opined that C.B.I. ought to have acted with due promptitude in the matter and if it has not upto now this Court would have to direct the C.B.I to do so in a specific manner. Conclusion - The application for modification denied affirming the transfer of the investigation to the CBI and directing the CBI to proceed with the investigation while allowing respondent No. 4 to file a new application if needed. The application is rejected.

Summary

The High Court considered a criminal application seeking modification of an order transferring the investigation of a case involving the illegal import of goods to the Central Bureau of Investigation (CBI). The key issues presented and analyzed in the judgment are as follows:1. Whether respondent No. 4 can carry out his statutory duty to calculate the duty leviable on the goods despite the transfer of the investigation to the CBI.2. Whether an independent investigation by the Directorate of Revenue Intelligence (DRI) is necessary in addition to the CBI's investigation.3. The apprehension expressed by the CBI regarding the impact of the application seeking modification of the investigation transfer.The Court clarified that the previous order did not prohibit respondent No. 4 from performing his statutory duty to calculate the duty on the goods. It emphasized that transferring the investigation to the CBI does not prevent respondent No. 4 from fulfilling his obligations. The Court questioned the necessity of an independent investigation by the DRI when its role is limited to matters of import, export, and duty calculation.The Court rejected the application seeking modification of the investigation transfer, stating that the CBI's apprehension about the application's impact was unfounded. The Court directed the CBI to register offenses against identified or unknown persons related to the case and commence the investigation promptly. The CBI was instructed to provide status reports periodically, with the first report due before the next court date.In conclusion, the Court denied the application for modification, affirmed the transfer of the investigation to the CBI, and directed the CBI to proceed with the investigation while allowing respondent No. 4 to file a new application if needed. The judgment emphasized the importance of prompt action by the CBI in conducting the investigation effectively.This summary encapsulates the core legal issues, the Court's analysis, key evidence, application of the law, treatment of arguments, and the significant holdings of the judgment.