2013 (4) TMI 59

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.... copies of the documents which consisted of more than 300 pages. 2. A prosecution under Section 132 and 135(1)(a) of the Customs Act, 1962 (the Act) was launched by the DRI against the Respondents in connection with the evasion of Customs Duty to the tune of Rs.5,80,66,992/-. It is averred in the Petition that the Respondents were directed to be summoned for 03.12.2007. The DRI filed original documents on 02.08.2007 which are duly annexed. On 20.01.2010 when the case was fixed for recording the Petitioner's evidence and its witness was present, the Respondents sought to raise a plea for supply of the documents filed in support of the complaint by the DRI. The learned A.C.M.M. opined that since no effective hearing would be possible without....

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....e provision of law, the Respondents were entitled to be supplied the copies of the documents filed with the complaint to have a fair trial. It is urged that forcing a person to face trial without being provided with the copies of the documents, which are sought to be relied upon by the prosecution against him, would be violative of the principle of equality before law and equal protection of law under Articles 14 and 21 of the Constitution of India. The learned counsel for the Respondents urges that reliance on L.R. Melwani by the learned counsel for the Petitioner is misplaced as it nowhere lays down that in a complaint filed by a public servant other than a police officer the documents filed with the complaint are not required to be suppl....

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....ding adjudication before the Court of learned ACMM. 9. The question for consideration is whether the Petitioner instead of supplying the copies of the documents to the Respondents and giving them an opportunity of fair trial ought to have approached this Court invoking its inherent powers under Section 482 of the Code to keep away the documents from the Respondents which are the very basis of the Complaint. 10. As per Section 482 of the Code, the High Court in exercise of its inherent powers may make such orders as may be necessary (i) to give effect to any order under this Code, or (ii) to prevent abuse of the process of any Court, or (iii) otherwise to secure the ends of justice. The powers under the section, though wide, have to be exe....