$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.MC No.3429/2011 % Judgment delivered on:15th November, 2011 DRI ..... Petitioner Through : Mr.Satish Aggarwala, Adv. versus STATE ..... Respondent Through : Mr.Naveen Sharma, APP. CORAM: HON'BLE MR. JUSTICE SURESH KAIT 1. Whether the Reporters of local papers may be allowed to see the judgment? NO 2. To be referred to Reporter or not? NO 3. Whether the judgment should be reported in the Digest? NO SURESH KAIT, J. (Oral)
1 Learned counsel for the petitioner submits that the
department had agreed to comply with the order dated
29.08.2011 & 24.09.2011, whereby the Chief Commissioner
of Customs was directed to hold an inquiry and take
appropriate actions against the erring customs officials and
intimate the court in writing.
2 Learned counsel further submits that after passing the
Crl.M.C.2529/2011 Page 1 of 3
order dated 29.08.2011; the department moved an
application for recalling of the above mentioned orders. It is
stated in the application that the Inquiry being conducted by
the Investigation Officer shall be supervised by the Senior
Officers of DRI, Delhi Zone.
3 It is further stated that the investigation is being
conducted from every angle.
4 It is stated that the inquiry shall be fair and as per
provisions of law.
5 On instructions of Sh. Devender Singh, Investigation
Officer of DRI, learned counsel for the petitioner assured this
court that the direction given by the learned trial court in the
above stated two orders shall be complied with and
inquiry/investigation shall be conducted by Senior officer, not
below the rank of Joint Secretary of DRI against the erring
Customs Officers, and the outcome of investigation shall be
filed before the trial court.
6 In view of above, I modify the orders dated 29.08.2011
and 24.09.2011 passed by learned Trial Court to the extent
Crl.M.C.2529/2011 Page 2 of 3
that the inquiry shall be conducted as stated in para No.5
above, within one month from today.
7 Accordingly, Crl.M.C.3429/2011 is partially allowed.
8 No order as to costs. 9 Dasti. CRL. M.A. 12169/2011(stay)
The application has become infructuous & accordingly
stands disposed of.
SURESH KAIT, J
November 15th 2011
j
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