9911796707
TMI Blog2012 (5) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... So far as the order dated 28.1.2011 is concerned, the same is being assailed on the ground that the petitioner's evidence has been closed. 2. Briefly stated, the facts of the case are that the petitioner, Directorate of Revenue Intelligence ( DRI ), through its Intelligence Officer, M.T . Murli filed a complaint under Section 135(1) (b) of the Customs Act, 1962. The allegations made in the complaint were that on specific information by the officers of the DRI , an ambassador car, bearing registration No.RNI-600 ,was intercepted at Kacha Bagh , Delhi on 27.6.1990 at about 10:30 hrs. The said car, along with its four occupants, namely, Narendra Sogani , Ajay Jain, Kanhiya Lal Sharma and Shambu Singh Daroga were escorted to DRI Office at CGO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned ACMM , after examining PW6 and PW7 , took note of the fact that no other witness was present. An adjournment was sought on behalf of the petitioner on the ground that there were five more witnesses who were to be summoned but they have not received any report from the Department in respect of three witnesses. On request of the petitioner for the grant of further opportunity, one more opportunity was granted, subject to payment of cost of Rs . 2,000/-. The cost was directed to be paid to the accused persons and the matter was adjourned to 28.1.2011. The petitioner also filed an application under Section 311 Cr.P.C . for summoning of Court witnesses which was allowed on the ground that the case has already been adjourned for anoth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Even otherwise also, it is normally not done in a criminal case where the cost is imposed on the Prosecution, the same be given to the accused persons, more so, where there is an allegation that the accused themselves have been responsible for the delay. In the instant case, the learned counsel for the petitioner has stated that he has no objection to the deposit of cost with the Delhi High Court Legal Services Committee and a statement has been made by the learned counsel for the accused persons also that he has no objection in case the cost is permitted to be deposited with the Delhi High Court Legal Services Committee. Therefore, this need not be gone into further. A consent order is passed, setting aside this portion of the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e stage of complainants' evidence and if the case continues at this pace, it will take another decade to conclude the same. It is contended that the respondents want an expeditious disposal of trial and if the evidence is prolonged, the purpose of expeditious disposal not only gets defeated, but also it causes serious prejudice to the respondents, inasmuch as they have to be present on each and every date of hearing. It has been stated that the application of the petitioner was allowed for the production of evidence on their own cost and risk and the petitioner ought to have ensured the presence of the witnesses. Since this was not done, the learned Trial Court rightly closed the evidence of the petitioner. 10. I have carefully gone throug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had noted that no witness was present. Merely because the petitioner had allegedly served the witnesses, it does not result in a situation absolving the petitioner of its responsibility of producing the witnesses. As a matter of fact, on 28.1.2011, the petitioner had filed an application for dispensing with the payment of costs, to which the learned Trial Court had not agreed to, but, at the same time, the learned Trial Court had erroneously noted that the cost was imposed as if the application under Section 311 Cr.P.C . was allowed, while as the cost was not imposed for allowing the application under Section 311 Cr.P.C . I feel that the order of the learned Trial Court cannot be found fault with, on account of the fact that sufficient num ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
