DRI Vs Baba Leather Impex Pvt. Ltd. & Ors. (Delhi District Court)
Delhi District Court allowed the application under section 311 of the Code of Criminal Procedure (Cr.P.C.), however, imposed cost of Rs. 50,000 on DRI due to 17 years of delay in filing of a complain.
Facts- An application has been moved under Section 311 of Cr.P.C. wherein the prosecuting agency DRI seeks to bring on record several bill of entries.
The present case stems out of a complaint case wherein the DRI seeks to prosecute the present accused alleging that the accused have imported the items declaring to have thickness of 0.6 mm to 0.8 mm, instead of actual thickness of 1.4 to 1.5 mm. Since, on the different thickness item, different import duty are charged, the accused herein have evaded the import duty which otherwise would have been payable per law, if the same would have been disclosed truthfully.
It is pertinent to mention herein that the alleged offence is stated to have been committed in the year 2005. It has taken almost 17 long years for the DRI to file the complaint case herein. It was only in the year 2023 that the case came before the Court to be tried and it is at the stage of argument on charge.
