The Madras High Court today dismissed a PIL seeking CBI probe into the multi-crore"gutka hoarding scam" that came to light following an IT raid, which found tax evasion to the tune of Rs 250 crore by dealers and stockists.
The matter relates to a PIL filed by Advocate Vincent, seeking a CBI probe into the scam, on the basis of a letter written by the Commissioner of Police, Chennai, to the State Home Secretary demanding a probe.
Wondering how a confidential communique could reach the petitioner, the first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar, asked the counsel to explain his locus standi in the case.
The official concerned had already shot off a letter to the State Home Secretary and when the authorities themselves have taken up the matter for a probe, there is no need for the Court to intervene in the matter, the bench said and dismissed the petition.
Chennai City police Commissioner S George has sought a "probe into possible wrongdoing by a few police officers" during the seizure of banned gutkha-pan masala products worth Rs 30 crore from various godowns in Red Hills and Puzhal in Chennai, last year.
The letter is said to be based on a preliminary inquiry that revealed graft charges against some officials who had allegedly stolen a portion of the seized products.
The police commissioner had suggested that any agency other than the city police could hold the inquiry and nab the suspects.
The income tax officials had raided the residences and offices of pan masala and gutkha manufacturers in Tamil Nadu, Telangana and Andhra Pradesh on July 8, 2016.
The searches were carried out at 30 locations including Red Hills and Puzhal in Chennai.
Officials had claimed that the businessmen had evaded taxes close to Rs 250 crore.
They also said they had recovered a diary from a businessman's godown in Red Hills, which contained the names of many politicians and police officers who received pay-offs from the manufacturers and sellers.
(Reopens LGM2)
In its detailed order, the bench said, "We doubt the bonafides of the petitioner in filing the present petition. We have even earlier commented number of times on advocates lending their names as litigants and lending their shoulder to fire the gun, something which is condemnable. This is one more such case."
"It , in fact, seeks to give an impression as if some view officially taken is sought to be further pressed in the Government decision system by filing a PIL. We are not thus inclined to interfere in the matter. The writ petition dismissed."
"How such a letter which is actually a Secret/ Confidential comes to the hand of the petitioner is a moot point," the bench said.
"The averments in the petition show that there is no specific ground work done by the petitioner to come to a conclusion that a fair and impartial inquiry would not take place or the reason for him to suspect the same. Other than the press reports, the only material, as is apparent from the prayer itself, is actually the letter which is mentioned above," the bench said.
