Independent CBI investigation may be ordered where departmental agencies give conflicting versions on illegal consignment clearance.

Where Customs and CGST authorities took conflicting stands on illegal clearance of a consignment and the petitioner's role, the Court treated the situation as showing an ineffective and uncoordinated departmental investigation. It considered independent fact-finding necessary and directed the matter to be referred to the CBI for further investigation. A preliminary enquiry by an officer not below the rank of Superintendent of Police was also ordered, with all concerned required to cooperate and produce documents.

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Issues: Whether, in view of the conflicting stands of the Customs and CGST authorities regarding the illegal clearance of the consignment and the role of the petitioner, the matter should be referred for further investigation by the CBI and a preliminary enquiry directed.

Analysis: The material placed before the Court showed a serious and unusual controversy between two enforcement agencies, each attributing fault to the other while the petitioner was alternatively projected as an accused and as a secret informer. The Court treated this state of affairs as reflecting a lack of coordinated and effective investigation at the departmental level. In those circumstances, the Court considered it appropriate to entrust the matter to the CBI so that liability of the erring officials and the surrounding circumstances of the clearance could be independently examined. A preliminary enquiry by an officer not below the rank of Superintendent of Police was also directed, with all concerned required to cooperate and furnish documents.

Conclusion: The matter was directed to be referred to the CBI for further investigation and preliminary enquiry.

Final Conclusion: The order shifted the investigation from the rival departmental agencies to an independent central investigating agency for fact-finding and fixation of responsibility.

Ratio Decidendi: Where the record discloses a serious and unresolved inter-departmental conflict affecting the integrity of the investigation, the Court may direct independent investigation by the CBI to secure an impartial inquiry into liability and surrounding facts.

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