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TMI Blog1995 (7) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... u Customs". In short the report is to the effect that Indian made computer Disc valued about Rs. 6 lakhs sought to be exported to a firm in Russia. In the invoice the export value has been mentioned as Rs. 1,50,00,000/-. The Additional Collector (Customs) on some information had suspicion and opened the container and estimated the value at Rs. 6 lakhs. Whereas in the invoice enhanced value has been given. He felt that there is something fishy and started to probe the matter further. Thereafter the Additional Collector of Customs seems to have received instructions from Delhi to drop the further proceedings as the exporter is one Sri Gupta, son-in-law of Birla and the Advisor for his company is one Mr. Prabhakara Rao, who is the son of the Prime Minister. When the Additional Collector refused to drop the proceedings, he was transferred. 3.The Petitioner's case is that he sent representations to the authorities including respondents 1 to 5 to make a thorough probe into the entire transactions of exporting computer discs by respondents 6 and 7 through Madras Port. The representations were sent on 13-6-1995, 21-6-1995 and 24-6-1995 and till the date of filing of the writ petition the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be expected to take any action on the report. If really any incident, as alleged by the petitioner, has taken place in the Madras Port, then naturally the consignment would have been detained. It is for the authorities to make an enquiry with the consignor and the consignee and further investigate the matter. So far as the investigation is concerned regarding certain nature of offences, the investigating authority has to keep the investigation secret because if a number of persons involved and the progress of investigation is published about the detention of one of the culprits, who would implicate the other culprits, then the other probable culprits would become cautious and they would evade the apprehension by the officials. So it is not possible in each and every case the investigating authorities can publicise the investigation and the progress thereon. It is not the case of the petitioner that no action has been taken with regard to the consignment. What all he requires is a detailed enquiry should be probed into. Unless the petitioner specifically states that nothing has been moved, it is not open to him to file this sort of writ petition. 8.The mere grievance of the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the purpose of providing easy access to justice to the weaker sections of Indian humanity and it is a powerful tool in the hands of public-spirited individuals and Social Action groups for combating exploitation and injustice and securing for the under-privileged segments of society their social and economic entitlements. It is a highly effective weapon in the armoury of the law for reaching social justice to the common man." In yet another case reported in Shri Sachidanand Pandey v. State of W.B. (AIR 1987 SC 1109) where Mr. Justice Khalid (as he then was) concurring with Mr. Justice Chinnappa Reddy, as he then was, has observed as follows :- "My learned brother has considered the facts in detail and the questions of law relevant for the purpose of this appeal. I fully agree with his conclusions. This short tail piece is with a purpose. This case goes by the name`Public Interest Litigation, I wish to delineate the parameters of Public Interest Litigation concisely, against the background of the facts of this case, so that this salutary type of litigation does not lose its credibility. Today public-spirited litigants rush to Courts to file cases in profusion under this attr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as expected by the petitioner, warranting the interference of this Court. ............ The Petitioner who claims to be an Association of the Madras Citizens cannot claim to specify for or project the alleged grievance of the people of State of Assam, as if they are either disabled or unable to approach the Court. Thus viewed, the present writ petition appears to be a mere publicity oriented one rather than aimed at redressal of any genuine public wrong or any public injury." 10.If the present case is considered on the above said well laid principles, I am of the view that the Writ petition is not maintainable. As already pointed out earlier, there are some vagueness in the averments made in the petition also. 11.When it is not the case of the petitioner that no step has been taken, the petitioner ought to have waited till the investigation is completed. By filing this sort of writ petitions naturally the petitioner is attempting to interfere with the investigation. It is laid down by the Supreme Court in a judgment reported in State of W.B. v. Sampat Lal (AIR 1985 SC 195) as follows :- "The next aspect to be considered is whether it is open to the Court to interfere with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt concluded that : "The Scheme of these sections, thus, clearly is that the power of the police to investigate any cognizable offence is uncontrolled by the Magistrate, and it is only in cases where the police decide not to investigate the case that the Magistrate can intervene and either direct an investigation, or, in the alternative, himself proceed or depute a Magistrate subordinate to him to proceed to enquire into the case. The power of the Police to investigate has been made independent of any control by the Magistrate." Then came the case of State of Bihar v. J.A.C. Saldanna (1980) 2 SCR 16 : (AIR 1980 SC 326). In a peculiar set of facts this Court was again called upon to adjudicate upon the scope of Judicial interference over investigation. Speaking on this aspect of the matter, Desai, J spoke for the Division Bench thus : - "There is a clear cut and well demarcated sphere of activity in the field of crime detection and crime punishment. Investigation of an offence is the field exclusively reserved for the executive through the Police department, the superintendence over which vests in the State Government. The executive which is charged with a duty to keep vigil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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