DIRECTORATE OF REVENUE INTELLIGENCE Vs. BHANU CHANDRA

JUDGEMENT

(1.) THE Petitioner Directorate of Revenue Intelligence (DRI) invokes inherent powers of this Court under Section 482 of the Code of Criminal Procedure ("the Code") for setting aside of an order dated 20.01.2010 passed by the learned Additional Chief Metropolitan Magistrate (A.C.M.M.)-01, New Delhi whereby in the complaint case filed by the Petitioner, directions were issued to it to supply copies of the documents which consisted of more than 300 pages.

(2.) A prosecution under Section 132 and 135(1)(a) of the Customs Act, 1962 (the Act) was launched by the DRI against the Respondents in connection with the evasion of Customs Duty to the tune of Rs.5,80,66,992/-. It is averred in the Petition that the Respondents were directed to be summoned for 03.12.2007. The DRI filed original documents on 02.08.2007 which are duly annexed. On 20.01.2010 when the case was fixed for recording the Petitioner's evidence and its witness was present, the Respondents sought to raise a plea for supply of the documents filed in support of the complaint by the DRI. The learned A.C.M.M. opined that since no effective hearing would be possible without the copies of the documents being made available to the Respondents, a direction was issued to the Petitioner to supply the documents.

(3.) IT is urged by Mr. Satish Aggarwala, the learned counsel for the Petitioner that there is no provision in the Code on the basis of which an accused could claim the copies of the documents filed with the complaint. He urges that the provision of 173(4) of the Code is applicable only to the police reports filed by the officer in charge of the Police Station. Drawing distinction between a State case and a private complaint case, the learned counsel for the Petitioner relies on Assistant Collector of Customs, Bombay & Anr. v. L.R. Melwani & Anr. AIR 1970 SC 962; S.K. Verma, Inspector, Central Excise v. Ishaan Research & Ors.(Crl. Revision No.308/2000 & Crl.M.1551/2000) decided on 16.10.2000 and A.N. Lewis & Anr. v. The State, ILR(1974) 1 Delhi 410.