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2016 (11) TMI 579 - HC - Central ExciseDuty drawback - inferior quality of goods - opportunity to cross examine the witnesses - Held that: - a petition u/s 91 Cr.P.C. cannot be pressed into service for making a fishing or roving enquiry. The petitioners must first make out a prima facie case that the document that is called for is in existence and that it is available with the concerned Department. That apart, the petitioner should also explain as to how that said document would be just and relevant for the enquiry or trial at hand. Application for requesting for a copy of the order that is said to have been passed by Mr.Madhavan, Deputy Commissioner of Customs, ICD, filed by petitioner rejected - Held that: - the Public Information Officer has not denied the existence of the document, but has only stated that it is not traceable. Be that as it may, for maintaining a petition under Section 91 Cr.P.C., it is the duty of the petitioner to give entire description of the document for the Court to issue a subpoena. In the absence of those particulars, by merely relying upon the reply given by the Public Information Officer, which is indeed vague, one cannot come to the conclusion that the said Madhavan had passed an order as contended by the petitioners/accused. Therefore, the trial Court was perfectly right in dismissing the petition with observation that the same has been filed only to protract the proceedings. The petition is devoid of merits and the same is dismissed - The trial Court is directed to proceed with the trial and if the accused do not co-operate in the trial, it is open to the trial Court to insist upon their presence and remand them to custody.
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