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Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
The Enforcement Directorate is not an investigating agency in the strict sense. Its mandate under the 2002 Act is to ensure that no person benefits from the proceeds of crime derived from the commission of a scheduled offence and to confiscate such property to the State. In this case, there cannot be any direction to consider the petitioner's request to register a case and arrest certain individuals, as it is not the Enforcement Directorate's mandate. The Enforcement Directorate has already registered an ECIR and is inquiring into the matter. The petitioner's prayer for the State Government to take action u/s 6 of the NIA Act 2008 is misconceived, as the process starts with the registration of an FIR u/s 154 Cr.P.C for an offence listed in the Schedule to the NIA Act, 2008. The final report does not indicate the commission of any such offence. Consequently, the Writ Petition is liable to be dismissed.
The Enforcement Directorate is not an investigating agency in the strict sense. Its mandate under the 2002 Act is to ensure that no person benefits from the proceeds of crime derived from the commission of a scheduled offence and to confiscate such property to the State. In this case, there cannot be any direction to consider the petitioner's request to register a case and arrest certain individuals, as it is not the Enforcement Directorate's mandate. The Enforcement Directorate has already registered an ECIR and is inquiring into the matter. The petitioner's prayer for the State Government to take action u/s 6 of the NIA Act 2008 is misconceived, as the process starts with the registration of an FIR u/s 154 Cr.P.C for an offence listed in the Schedule to the NIA Act, 2008. The final report does not indicate the commission of any such offence. Consequently, the Writ Petition is liable to be dismissed.
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