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2013 (4) TMI 59 - HC - CustomsDirections of Additional Chief Metropolitan Magistrate (A.C.M.M.) to supply copies of documents consisted of more than 300 pages - the amount of customs duty alleged to be evaded was over ₹ 5 crores - whether the Petitioner instead of supplying the copies of the documents to the Respondents ought to have approached this Court invoking its inherent powers under Section 482 of the Code? - Held that:- As per Section 482 of the Code, the High Court in exercise of its inherent powers may make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court, or otherwise to secure the ends of justice. As per Janata Dal v. H.S. Chowdhary (1992 (8) TMI 301 - SUPREME COURT) the High Court, as the highest Court exercising criminal jurisdiction in a State, has inherent powers to make any order for the purposes of securing the ends of justice, it being an extraordinary power, will, however, not be pressed in aid except for remedying a flagrant abuse by a subordinate Court of its powers. The Petitioner has not been able to make out a case or to show that the order passed by the ACMM was abuse of the process of the Court or that the order is required to be set aside to secure the ends of justice. Petitioner (DRI) ought to have supplied the Respondents with the copies of the documents promptly so that the trial could have proceeded. The Petitioner (DRI) is unable to make out a case for invoking the powers under Section 482 of the Code. Rather, the filing of the Petition appears to be mala fide the same is accordingly dismissed.
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