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TMI Blog2021 (2) TMI 1399X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the matter. About the probability of the application being allowed, we must say that even in that case whatever investigation was made would stand handy for the new agency to make further investigation effectively. It is informed across the bar by the learned counsel for C.B.I that as per the information received, no offences have been registered so far. It is opined that C.B.I. ought to have acted with due promptitude in the matter and if it has not upto now, this Court would have to direct the C.B.I to do so in a specific manner. Conclusion - The application for modification denied, affirming the transfer of the investigation to the CBI, and directing the CBI to proceed with the investigation while allowing respondent No. 4 to file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the report of the Food Safety Analyst. Firstly, we would like to make it clear that the order dated 10.10.2018 does not prohibit respondent No. 4 from carrying out his statutory duty. If it is his statutory duty to calculate the amount of duty leviable on these goods, this Court would never prohibit respondent No. 4 from carrying out such a duty. In fact, the order dated 10.10.2018 does not say so in any manner. Secondly, by handing over the investigation to C.B.I., it cannot be imagined that respondent No. 4 would be prevented from performing his statutory duty in the matter. Thirdly, we do not understand as to what kind of independent investigation is required to be carried out by the D.R.I when it is the case of the D.R.I that it ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he bar by the learned counsel for C.B.I that as per the information received, no offences have been registered so far. We are of the opinion that C.B.I. ought to have acted with due promptitude in the matter and if it has not upto now, this Court would have to direct the C.B.I to do so in a specific manner. In the result, the application is rejected. C.B.I is directed to register the offences under relevant laws against the persons identified so far or unknown persons, as the case may be and start the investigation in right earnest. We also grant liberty to respondent No.4 to file a fresh application in the matter which is properly drafted, if at all it is desirous to file it. The C.B.I is further directed to place on record, from time to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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