KOCHI: The Additional Chief Judicial Magistrate (Economic Offences) on Tuesday directed the Customs to file a report on the progress of the investigation in the case related to the gold smuggling via diplomatic channel, till the final report is submitted.
The court issued the order while dismissing the contempt of court proceedings demanded by accused Swapna Suresh against Customs officers and media for leaking a portion of her statement given to the investigation agency.
However, the court directed Chief Commissioner of Customs (Preventive), Kochi, to take strict disciplinary action against the erring officer who leaked the petitioner's statement or/any portion without unreasonable delay. The court also asked the Chief Commissioner to file a detailed report in a sealed cover. The court also condemned the Customs for leaking the statement.
"There may be honest officers among them with impeccable integrity. One drop of poison is enough to spoil litres of honey or milk. Is it prudent to proceed with the process of investigation without having a mechanism to at least identify the poison?" the court asked.
The court observed that it is not expected to tolerate such unethical practice of officer/officers that may ultimately harm the fair investigation. Needless to say, the possibility of a fair trial is remote in the absence of fair investigation. "In this backdrop, it appears that monitoring the process of investigation to rule out the chance of the aforesaid malpractice is inevitable in the interest of justice," the court observed.
The court concluded by claiming that all its observations in the order are mainly meant to make the investigation agency more alert and active in a manner helping the trial court to discharge its function of fair adjudication.