9911796707
TMI Blog2008 (7) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... Garg, Advocate, for the Respondent. [Judgment]. - Vide judgment dated 21st August 2001 [2002 (139) E.L.T. 24 (Del.)], the Division Bench of this Court had given the following directions:- "We are informed at this stage that both Enquiry and Presentation Officers stood appointed to conduct the inquiry against the petitioner, that being so, this petition could be disposed of to the mutual satisfaction of both parties by providing 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bruary 2002, Disciplinary Authorities wrote to the inquiry officer that the charged officer (petitioner herein) has already inspected the files of D.R.I. and has got the photocopies of the statements of witnesses recorded under Section 108 of the Customs Act. The petitioner had not indicated in the list of additional documents sought by, the names of the witness and the dates on which their statements were being recorded. The Director (cargo) 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already been concluded. 7. I have perused the documents on record and found that there was no deliberate attempt on the part of the respondent to violate the orders of this Court. All efforts were made by the respondent to supply the copies of the documents to the petitioner. The petitioner was allowed inspection of the record and was given photocopies of the statements under Section 108 of the Customs Act as well. However, the petitioner had asked 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 stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
