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2016 (11) TMI 579 - MADRAS HIGH COURT

2016 (11) TMI 579 - MADRAS HIGH COURT - TMI - Duty 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 a .....

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ent 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 .....

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ef Judicial Magistrate, Coimbatore dated 09.05.2016 and set aside the same. 2. The petitioners are facing trial in C.C.No.37 of 2015 for offence under the Customs Act. The gravamen of the allegation against the petitioners is that they had supplied inferior quality of goods and had unjustly claimed duty drawback. The prosecution was launched in the year 2005 and it moved in a snail's pace. In a case of this nature, the prosecution will be under Chapter XIX-B Cr.P.C. - Cases instituted otherw .....

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C, for which they simply denied the allegations. 3. Thereafter, the accused filed an application to examine one Mr.Madhavan, retired Deputy Commissioner of Customs as D.W.1. When examined, it is seen that Mr.Madhavan had stated that, he does not know the facts of the case without looking into the official records. At that juncture, the petitioners/accused filed an application in C.M.P.No.809 of 2015 u/s 91 Cr.P.C. calling for the proceedings that is said to have been passed by Mr.Madhavan - D.W. .....

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ught for are very much relevant for the just decision of the case, as that will prove the innocence of the petitioners. 6. This Court gave its anxious consideration to the submissions made by the learned counsel and perused the records. 7. In State of Orissa vs. Debendra Nath Padi [2004 AIR SCW 6813] the Supreme Court has 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 docu .....

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lso seen that the petitioners made an application under Right to Information Act, to the Public Information Officer, Central Excise Department, Coimbatore calling for the order passed in connection with Shipping Bill nos.198, 199 and 200 dated 15.07.2003 that was referred to in the show cause notice dated 03.02.2004 issued by the Department. The Central Public Information Officers of Customs, by letter dated 27.04.2015 provided the petitioners with the details, including the order passed by the .....

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