9911796707
TMI Blog2010 (9) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... Enough time and fair opportunity has been given to the prosecution to lead their evidence. In view of the aforesaid the impugned order dated 18th April, 2007 does not merit interference in exercise of discretionary jurisdiction under section 482 of the Code - 2591/2007 - - - Dated:- 6-9-2010 - CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA Mr. S.C. Agarwala, Adv. ORDER 1. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed the order sheets of the trial court, the order dated 10th April, 2007 and the application under section 311 of the Code. Counsel for the petitioner Department of Customs orally states that the Department of Customs vide order dated 10th April, 2007 were granted one opportunity to produce PW-2, Mr.Rajiv Kumar Kumra on 18th April, 2007 subject to payment of costs of Rs.500/-. It is submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s he has recently appeared as a prosecution witness in a case of the department." 6. It is apparent from the above that petitioner Department of Customs had requested for and on their prayer were granted one opportunity to produce PW-2, Mr.Rajiv Kumar Kumra on 18th April, 2007, in view of the specific averments made in the application quoted above. It was stated that PW-2, Mr.Rajiv Kumar Kumra w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduce him. Wait cannot be endless. The alleged offence relates to year 1990. Enough time and fair opportunity has been given to the prosecution to lead their evidence. In view of the aforesaid the impugned order dated 18th April, 2007 does not merit interference in exercise of discretionary jurisdiction under section 482 of the Code. The petition is accordingly dismissed. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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