TaxTMI 
TaxTMI 
2010 (2) TMI 941
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....vestigation and then heard the bail application himself. The other grounds for cancellation of bail are on merits which this Court is not considering. 2. While respondent was in judicial custody, an application was made by the petitioner department to make enquiries from the respondent /accused in Central Jail, Tihar, Delhi under Section 14 of the Central Excise Act so as to complete certain aspects of the investigation. The permission was sought so that Mr. Anil Chandeliya, Senior Intelligence Officer may visit Central Jail, Tihar and make enquiries from the respondent. The learned ACMM directed that the respondent accused be not interrogated in Central Jail, Tihar but he be brought to the Court and any enquiry be made before the c....
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....rvance of law and order is only to be obtained by leaving each to exercise its own function, always, of course, subject to the right of the Court to intervene in an appropriate cases when moved under Section 491 Cr.P.C.". 4. The inherent powers under Section 482 Cr.P.C. have been granted only to the High Courts and there are no inherent powers available to the courts subordinate to the High Court. The subordinate courts are supposed to act in accordance with the provisions of Cr.P.C. and cannot transgress the limits imposed upon the courts by Cr.P.C. There is no provision in Cr.P.C. that a court can order that an enquiry be made from the accused in its presence nor the court can order that interrogation of accused by the investigati....
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.... into an offence is a statutory function of the police and the superintendence thereof is vested in the State Government and the Court is not justified without any compelling and justifiable reason to interfere with the investigation". In Dukhishyam Benupani, Asst. Director, ED (FERA) v. Arun Kumar Bajoria, 1998 (1) S.C.C. 52, the Supreme Court observed, "it is not the function of the court to monitor investigation processes so long as such investigation does not transgress any provision of law. It must be left to the investigating agency to decide the venue, the timings and the question and the manner of putting such questions to person involved in such offences. A blanket order fully insulating a person from arrest would make his interrog....
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....ad been passing orders contrary to the judgment of the Supreme Court and despite every sanctioning order being in detail giving facts and reasons for granting sanction, the learned ACMM had been passing orders that the sanction was granted without application of mind, though law is that the court cannot draw any adverse conclusion that the sanction for prosecution was not properly granted or was defective without indicating any basis for such conclusion. Out of 78 cases decided by this ACMM from April, 2010 to October 2010, he discharged/acquitted accused persons in 73 cases only on this technical ground. The conviction in remaining five cases was under compulsion because accused persons pleaded guilty. 7. Without going into the mer....