TMI Blog2011 (1) TMI 1433X X X X Extracts X X X X X X X X Extracts X X X X ..... ce suo moto and has also power to question the witnesses and if he finds that investigation was mis-directed, the Judge can still ensure that necessary witnesses are summoned in the Court and examined - The parties are directed to appear before the Court of ACMM on 15th January, 2011 - 615 of 2010 - - - Dated:- 4-1-2011 - Shiv Narayan Dhingra, J. REPRESENTED BY : Shri Satish Aggarwala, Advocate, for the Petitioner. S/Shri Piyush Kumar, Navneet Panwar and Naveen Malhotra, Advocates, for the Respondent. [Judgment] . - By this Revision Petition the petitioner has assailed order dated 1st June, 2010, whereby learned Additional Chief Metropolitan Magistrate (ACMM) discharged the accused. 2. The order of learned ACMM makes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 108 of Customs Act. A perusal of record would show that retracted statement under Section 108 of Customs Act was only one piece of evidence and apart from that, there was entire sequence of circumstantial evidence of the departmental witnesses in support of the prosecution case. The complaint itself shows the role of different officers of customs and how the goods were illegally being exported. The learned ACMM, however, observed : Now, coming to this case it appears to be rightly submitted on behalf of accused persons that there is no prima facie case for conviction existing against either of the accused. Except the retracted statement of accused persons recorded under Section 108 of the Customs Act, there is no material brou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of prosecuting criminals but a Judges not supposed to act only as an umpire to blow whistle. A Judge has certain duties assigned to him under Cr. P.C. to ensure that those who commit crime do not go scot free on mere technical grounds. A Judge has power to summon additional evidence suo moto and has also power to question the witnesses and if he finds that investigation was mis-directed, the Judge can still ensure that necessary witnesses are summoned in the Court and examined. The learned ACMM has been passing similar order almost in every cases and instead of using his judicial powers under various provisions of Cr. P.C, has been washing off his hands by discharging the accused persons on flimsy grounds. 6. The issue of sanction in ano ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
