https://www.taxtmi.com/caselaws?id=334561 Section 91 CrPC cannot be used for a fishing or roving enquiry; the party seeking production must show a prima facie case that the document exists, is available with the department, and is relevant to the enquiry or trial. The petitioners failed to give adequate particulars of the alleged departmental record, including its date and description, and did not explain how it would support the defence. The RTI reply was too vague to establish the existence of the order, so the trial court's view that the application would only prolong the proceedings was justified. Repeated invocation of Section 91 for the same document was treated as an abuse of process, and refusal to summon the records was upheld. en-us Tue, 08 Nov 2016 00:00:00 +0530 Sat, 19 Aug 2017 13:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=334561 Section 91 CrPC cannot be used for a fishing or roving enquiry; the party seeking production must show a prima facie case that the document exists, is available with the department, and is relevant to the enquiry or trial. The petitioners failed to give adequate particulars of the alleged departmental record, including its date and description, and did not explain how it would support the defence. The RTI reply was too vague to establish the existence of the order, so the trial court's view that the application would only prolong the proceedings was justified. Repeated invocation of Section 91 for the same document was treated as an abuse of process, and refusal to summon the records was upheld. Case-Laws Central Excise Tue, 08 Nov 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=334561