KAMAL KUMAR vs UNION OF INDIA & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 20th May, 2025 + W.P.(CRL) 68/2017, CRL.M.A. 289/2017 KAMAL KUMAR .....Petitioner Through: Mr. H.G.R. Khattar, Advocate. Versus UNION OF INDIA & ANR .....Respondents Through: Mr. Satish Aggarwala, Sr. Standing Counsel with Mr. Gagan Vaswani, Advocate for R-2/DRI. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT NEENA BANSAL KRISHNA, J. 1. Petition under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed on behalf of the Petitioner-Kamal Kumar seeking quashing of Criminal Complaint bearing CC No. 113/1/11, filed for the offence punishable under Section 177 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”). 2. Briefly stated, the officers of DRI were investigating a case of purported misdeclaration and undervaluation of various types of Pesticides. Signature Not Verified Signed By:VIKAS W.P.(CRL) 68/2017 Page 1 of 6 ARORA Signing Date:20.05.2025 18:29:39 The Petitioner was summoned under Section 108 Customs Act, 1962 in compliance of which he tendered his Statement dated 02.08.2011 and 14.09.2011. 3. According to the Petitioner, he duly cooperated during the investigations. However, he was shocked to receive a summons in the Complaint case bearing CC No. 113/1/11 wherein the allegations were made against him that during the recording of Statement on 14.09.2011 by Respondent No. 2, he gave vague replies and did not provide details of his employees or his Bank transactions. It was alleged that the Petitioner admitted certain facts only when confronted with the documents. It was further alleged that his aforesaid conduct, constituted offence under Section 177 IPC as he had furnished i