DEPARTMENT OF CUSTOMS Vs. SHYAM SUNDER

JUDGEMENT

(1.) THE prosecution filed under the Customs Act, 1962 relates to alleged seizure of two gold slabs on 15th December, 1990.

(2.) AFTER recording of the evidence, when the matter was fixed for final arguments, an application under Section 311 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) was filed on behalf of Department of Customs for recording of further testimony of PW -2, Mr. Rajiv Kumar Kumra. This application was allowed vide order dated 10th April, 2007 and the case was adjourned to 18th April, 2007 for recording of further testimony of PW -2, Mr. Rajiv Kumar Kumra.

(3.) THE petitioner Department of Customs has not filed the order sheets of the trial court, the order dated 10th April, 2007 and the application under Section 311 of the Code. Counsel for the petitioner Department of Customs orally states that the Department of Customs vide order dated 10th April, 2007 were granted one opportunity to produce PW -2, Mr. Rajiv Kumar Kumra on 18th April, 2007 subject to payment of costs of Rs. 500/ -. It is submitted that PW -2, Mr. Rajiv Kumar Kumra was not in India and therefore he could not be produced. It is stated that Department of Customs is not at fault and the trial court should have issued notice/warrants for his appearance.