SURINDER PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) There is much ado about nothing. Petitioner wants copies of pre-recorded statements of enlisted witnesses under Section 108 of the Customs Act to prepare his reply to the charge sheet issued to him but respondents are resisting his demand. As a result, he has failed to file his written statement and respondents have proceeded to appoint Enquiry and Presentation Officers.

(2.) Petitioner was working as Additional Commissioner (Customs) at relevant time in 1989-90 but was issued charge-sheet dated 5.11.1999 allegedly after 10 years or so charging him of some misconduct and requiring, him to submit his written statement within 10 days. He made representations requesting for supply of copies of previously recorded statements of enlisted witnesses which was turned down by respondents. He felt aggrieved and filed OA No.906/01 seeking quashment of the charge-sheet and filed MA No .1190/2001 also along with for direction to respondents to supply him these copies and not to appoint the Enquiry Officer. Tribunal, on noticing that he was supplied relied upon documents, disposed of his MA by impugned order dated 26.2.2000 without granting him either relief. He has now filed this petition for supply of the copies which is stoutly resisted by respondents.

(3.) Petitioner's case is short and simple. He wants to prepare his defence by reference to pre-recorded statements of enlisted witnesses by highlighting some alleged contradictions in these and those recorded under Section 161 Criminal Procedure Code and believes that respondents were withholding., these in a malafide action to defeat and frustrate-his defence.