TaxTMI 
TaxTMI 
2016 (8) TMI 11
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...., the proceedings before the learned Trial Court could not take place as this Court was pleased to summon the trial Court record vide order dated 4th October, 2012. 3. A perusal of the order sheets of learned Trial Court would reveal that summons were issued on the complaint on 9th June, 2000 for offences punishable under Sections 9 and 9AA of Central Excise Act. Finally all the accused appeared before the learned Trial Court and case was fixed for precharge evidence on 4th July, 2001 when no witness of the petitioner was present. Again on 6th December, 2001, no witness was present. On 15th March, 2002 one witness was present whose statement was recorded as PW 1 however no other witness was present. Same was the situation on 28th August,....
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....challenged the order dated 23rd November, 2007 passed by learned ACMM imposing cost of Rs. 2,000/-, the file was sent to learned Sessions Court which dismissed the revision petition and sent back the file. Thus on 14th May, 2008 the matter had to be adjourned for this reason. An application was filed by the petitioner seeking marking of presence of witness S.K. Behl in the order dated 23rd November, 2007 and withdrawal of notice to the Joint Commissioner, Excise. Vide order dated 10th December, 2007 the Court noted that when the case was called out, there was no appearance on behalf of the department, thus the presence of Mr. S.K. Behl cannot be noted, however the show cause notice to Joint Commissioner, Excise was withdrawn. Again on 4th S....
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....protecting the interest off the accused and saving him from unreasonable prolixity or laxity at the trial amounting to oppression. Section 309, dealing with power to postpone or adjourn proceedings, provides generally for every inquiry or trial, being proceeded with as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same to be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded. Explanation-2 to Section 309 confers power on the Court to impose costs to be paid by the prosecution or the accused, in appropriate cases, and putting the partie....
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.... abuse of process of law was clearly made out. Such power can certainly be exercised on a case being made out of breach of fundamental right conferred by Article 21 of the Constitution. The Constitution Bench in A.R. Antulay's case referred to such power, vesting in the High Court (vide paras 62 and 65 of its judgment) and held that it was clear that even apart from Article 21, the Courts can take care of undue or inordinate delays in criminal matters or proceedings if they remain pending for too long and putting to an end, by making appropriate orders, to further proceedings when they are found to be oppressive and unwarranted. 29. For all the foregoing reasons, we are of the opinion that the Court could not have prescribed perio....