Dri vs State on 15 November, 2011

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136
Delhi High Court
Dri vs State on 15 November, 2011
Author: Suresh Kait
$~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

Crl.M.C.2529/2011 Page 3 of 3

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