DIRECTORATE OF REVENUE INTELLIGENCE Vs. PUSHPA LEKHUMAL TOLANI

JUDGEMENT

(1.) This petition has been filed by the Directorate of Revenue Intelligence, New Delhi (hereinafter referred as the petitioner) under Sec. 482 of the Code of Criminal Procedure against the impugned order dated 21st April, 2006 rendered by Additional Sessions Judge, New Delhi allowing the application of the respondent under Sec. 391 of Crimial P.C. permitting her to lead additional evidence which was earlier not available with the respondent, same being with adjudicating authority and not in her power and possession at the time when trial was in progress.

(2.) Feeling aggrieved, the petitioner has assailed the same by way of filing the instant petition.

(3.) The respondent was convicted for commission of offence punishable under Sections 132 and 135(1) of the Customs Act and was sentenced to imprisonment for the period already undergone besides imposition of fine by ACMM vide order dated 27th Sept., 2004. This led the respondent to file appeal being appeal No.29/2004 wherein she made an application for leading additional evidence. That application met dismissal as learned Additional Sessions Judge who dealt with the application, was primarily of the view that the respondent/accused wanted entire proceedings of the adjudicating authority to be summoned and that the prayers seemed to be vague, unspecified and uncertain as to what additional evidence she intended to adduce. The learned Additional Sessions Judge was of the view that allowing her to adduce evidence as such belated stage would amount to reopening the entire trial and, therefore, for these reasons learned Additional Sessions Judge dismissed her application.