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TMI Blog2008 (7) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... ing thus:- "Petitioner shall have four weeks time from today to submit his reply to charge sheet in the absence of copies of his pre-recorded statements under Section 108 and without prejudice to his contentions in this regard. However, Respondents are directed to furnish these statements to him two weeks before prosecution evidence commences. Enquiry officer shall be at liberty to proceed with enquiry after expiry of three weeks from now and which he shall conclude within six months from the date petitioner is asked to appear before him." 2. The petitioner filed this contempt petition that he was not being supplied the copies of statements recorded under Section 108 of the Customs Act despite representations and was given a certificate o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Unit, I.C.D. i.e. the Commissioner of Customs, who was stated to be custodian of documents would be asked to issue non-availability certificates if the documents were not available with him. 5. The office of Commissioner of Customs House wrote a letter to the Assistant Director and Joint Director of Vigilance Customs and Central Excise, informing that the documents called from the Commissioner (J) were not available in the office. The Directorate General of Vigilance again reiterated that the documents were not available and it was stated that this letter be treated as certificate of non-availability. Vide his letter dated 27th February 2002, the inquiry officer observed that non- availability certificate was brought on record and copies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ked for supply of all photocopies of the statements of witnesses without even mentioning as to who were the witnesses whose statements he required. It is not the case that the petitioner was not supplied by the department, the material which was going to be used against him or the names and statement of witnesses who were to depose against the petitioner. The petitioner was supplied the statements of all those witnesses who were to depose against him and the petitioner was also supplied statements of witnesses recorded under Section 108 of the Customs Act. However, in the Customs Cargo Office, the record, of statements under Section 108 of the Customs Act was not traceable at that time and a non-availability certificate was issued in this r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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