2016 (11) TMI 579

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....n of the allegation against the petitioners is that they had supplied inferior quality of goods and had unjustly claimed duty drawback. The prosecution was launched in the year 2005 and it moved in a snail's pace. In a case of this nature, the prosecution will be under Chapter XIX-B Cr.P.C. - Cases instituted otherwise than on police report. This means that, the prosecution will have to examine the witnesses first u/s 244 Cr.P.C., where the accused gets an opportunity to cross examine the witnesses. Thereafter, charges are framed and thereafter, one more opportunity is given to the accused to recall the witnesses, if he had not already cross examined them during pre-charge proceedings. Thus, the prosecution completed their examination o....

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....nquiry. The petitioners must first make out a prima facie case that the document that is called for is in existence and that it is available with the concerned Department. That apart, the petitioner should also explain as to how that said document would be just and relevant for the enquiry or trial at hand. 8. On a reading of the petition filed by the petitioners it is seen that, the petition is bereft of the minimum particulars for the Court to issue a subpoena. That apart, the petitioners have also not stated as to how those documents would improve their case. It is also seen that the petitioners made an application under Right to Information Act, to the Public Information Officer, Central Excise Department, Coimbatore calling for the or....