D.R.I. Vs. VIPIN SEHGAL

JUDGEMENT

(1.) The petition at hand was filed in May, 2015, invoking jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), challenging the order dated 12.01.2015 of the Court of Chief Metropolitan Magistrate in criminal complaint case (No. 36/1/1996) which was instituted by the petitioner against the respondent alleging offences punishable under Sections 132 and 135 of the Customs Act, 1962 with reference to certain acts of commission or omission relating to the period of August, 1994.

(2.) The Chief Metropolitan Magistrate, by the impugned order, had restricted the opportunity for the petitioner to examine only such witnesses at the stage of proceedings post framing of charge as had been examined earlier at the stage of pre-charge evidence, thereby upholding the contention of the respondent against the prayer for two additional witnesses including one Rajvir Singh Juneja to be examined.

(3.) While resisting the prayer in the present petition, the respondent has placed reliance on decision of a learned single Judge of this Court in DRI vs. Raghubir Singh, (2016) 333 ELT 253 (Del.) and Crl.M.C. 806/2012 decided on 27.02012, his further grievance being that the prosecution in the criminal case is becoming unending given the slow pace at which it is moving, it now being already twenty two years old.