Does CBEC consider Prosecutor more important than the case? Bombay HC
IN a Criminal Application filed with condonation of delay of 110 days by Union of India, the delay was sought to be explained by pointing out that the previous prosecutor had in spite of letters, not taken steps. The High Court vide its order dated 03.08.2012 directed that unless the department takes action against counsel on the panel, who would be responsible for the delay or report the matter to Bar Council, question of entertaining the application for condonation would not arise.
When the matter was listed again, the Court found that that nothing has been done by the department so far. The High Court again cautioned, “If the department considers the prosecutor to be more important than the cause, it is the choice of the department. In that case delay would not be condoned”.
This was a case of importing more than 48 Kgs. of gold worth more than Rs.1.12crores in the international market and Rs.1.61crores in the local market, which ended in acquittal. The acquittal is challenged in appeal with a delay of about 110 days.
Was the delayed appeal a planned strategy?