In the High Court of Delhi, in CCP No. 126 of 2002 decided on 23/07/2008 in re: SURINDER PAL SINGH vs U.O.I. it was held that the petitioner was supplied the statements of all those witnesses who were to depose against him and the petitioner was also supplied statements of witnesses recorded under Sec.108 of the Customs Act. However, in the Customs Cargo office, the record of statements under Sec.108 of the Customs Act was not traceable at that time and a non-availability certificate was issued in this regard. It seems later on when the contempt notice was issued more efforts were made to trace statements under Sec.108 of the Customs Act and two were found and supplied to the petitioner. The petitioner has not stated how the non-availablity of these statements caused prejudice to him or there was any malafide intentions on the part of the respondent in not supplying these statements or that these statements were so vital for the petitioner’s defence. The Judge found that there was no deliberate violation of the order passed by the Court and no case for contempt was made out against the respondent. The petition was without any basis and was thereby dismissed.

SUPREME COURT JUDGEMENTS