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TMI Blog2024 (12) TMI 1250X X X X Extracts X X X X X X X X Extracts X X X X ..... sed that there is inordinate delay in filing the present case is not sustainable in view that there is no limitation qua taking cognizance qua economic offence. This Court is of the opinion that the application is allowed subject to the cost of Rs. 50,000/- to be paid in DLSA by the DRI. It is clarified herein, that the department has to deduct the amount from the responsible officer for such lapse as since the cost is being imposed upon the State/ Department of State, it cannot be the case that the same be burden upon Exchequer. It is also not appreciated that though Sr. Counsel had submitted that physical copies is already seized by the Department and department could not lay his hand over such documents, and therefore Computer Copies from the database is required. Application stands allowed as the document is relevant for the adjudication the case and in particular, regarding the input qua thickness of item (i.e. 0.6 mm), subject to payment of cost within one month. - (VAIBHAV CHAURASIA) ACJM-04, RADC, NEW DELHI For the DRI : SCGSC Satish Agarwala Counsel. For the Accused : Advocates Piyush Kumar, Gunjan Tanwar, Ashish Bhatt Counsels. ORDER 1. Vide this order, I shall decide t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Trade Dignity, New Delhi, (Proprietor - Sh. Babulal [now deceased]), M/s Do Best Trade Corporation, Delhi (Proprietor, Sh. Suresh Kumar), M/s Trade Trends, Haryana (Proprietor Sh. Suresh Kumar), and M/s Baba Le Crafts Pvt. Ltd., Delhi (Director Sh. Babulal [now deceased]). 6. It is pertinent to mention herein that the alleged offence is stated to have been committed in the year 2005. It has taken almost 17 long years for the DRI to file the complaint case herein. It was only in the year 2023 that the case came before the Court to be tried and it is at the stage of argument on charge. The instance of delay and poor prosecution does not cease herein but the bare testimony is evident earlier as one more application under Section 311 of Cr.P.C was moved which was allowed by my Ld. Predecessor vide order dated 01.04.2024 wherein the witnesses were summoned to be examined and my Ld. Predecessor had clearly mentioned that it is not a deliberate mistake but an inadvertent one that prosecution was constrained to move such earlier application. It is pertinent to mention that this is the second application under Section 311 of Cr.P.C, therefore it rules out deliberate mistake but an inadvert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e possession/control of the DRI but it is only at the late stage that they have thought fit to be brought before this Court, that such documents have not been lost, destroyed, mis-placed or have been evaded out, that there is no justification of possible reasons as to why the screenshot of such bills have been filed but no physical copies have been filed, though admitted by Ld. Senior Counsel that they were seized, and the same are inadmissible as prescribed under section 138C(4) of the Custom Act, 1962. 12. Heard. Perused. Considered. 13. As far as the present case is concerned, the Court takes into consideration that this is the second application under section 311 of Cr.P.C, however same is also being read with Section 244 of Cr.P.C. and while such occasion was not availed of earlier on behalf of the DRI is still speculative. The arguments of the Ld. Senior Counsel that the data uploaded over computer are confidential and cannot be procured or accessed without the permission of the Court does not seems to inspire confidence, as these are already seized by the DRI as per their own version. There is no reason why such opportunity was not grabbed at the very first instance when the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be inadmissible as per the Custom and as well as the Evidence Act, this Court is of the opinion that only the relevancy of the document have to be specified, the admissibility, the probative value, the viability and the reliance of such documents are of different issue and this Court is satisfied about the relevancy of such document. 18. Henceforth, this Court is of the opinion that the application is allowed subject to the cost of Rs. 50,000/- to be paid in DLSA by the DRI. It is clarified herein, that the department has to deduct the amount from the responsible officer for such lapse as since the cost is being imposed upon the State/ Department of State, it cannot be the case that the same be burden upon Exchequer. It is also not appreciated that though Sr. Counsel had submitted that physical copies is already seized by the Department and department could not lay his hand over such documents, and therefore Computer Copies from the database is required. This speaks clearly about the health of prosecution with 17 years delay, case being registered in 2023 before the Court, application under Section 311 Cr.P.C. has already being moved with present application being second app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dhi Road, New Delhi-110003. Compliance Report to this effect shall be filed by the DRI within 2 months from today. Copies of this order be sent to Commissioner of Customs, ICD, Patparganj, Near Gazipur Bus Depot, Gazipur, New Delhi, Commissioner of Customs, Cochin Custom House, Willingdon Island, Cochin 682009, Commissioner of Customs (Import), New Customs House, Ballard Estate, Mumbai - 400038, Commissioner of Customs, Nhava Sheva-III, Jawaharlal Nehru Custom House, Dist.- Raigad, Maharashtra 400707 and Commissioner of Customs (Ports), 15/1, Strand Road, Custom House, Kolkata 700001 alongwith bill of entries that have been written under their corresponding heading to be furnished before this Court alongwith relevant certificates. 1. The Commissioner of Customs, ICD, Patparganj, Near Gazipur Bus Depot, Gazipur, New Delhi. S.No. Bill of Entry Number Bill of Entry Date Importer Name 1. 395206 20.01.2005 M/S. BABA LEATHER IMPEX (P) LTD 2. 396613 09.02.2005 M/S. TRADE DIGNITY 3. 398042 04.03.2005 M/S. TRADE TRENDS 4. 398039 04.03.2005 M/S. TRADE TRENDS 2. The Commissioner of Customs, Cochin Custom House, Willingdon Island, Cochin 682009. S.No. Bill of Entry Number Bill of Entry Date Im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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