- (1.) GODREJ and Boyce Manufacturing Company (Pvt.) Ltd. , (a long name; we shall refer it hereafter as "godrej") had an encounter with the Excise Wing of the Central Revenue. It was somewhat exhausting and exhaustive. Every weapon in the armoury, from sound missiles to sterile spears, were employed. On the eve of the ides of March of 1990, the war was over. Atleat so thought Godrej. It was, however, soon disillusioned. The Union of India wants to open another front. That is not part of an adverserial affront, assures the Union. Court itself could open the front, for the crime complained of, is one against administration of justice itself. Everythng is fair in love and war it is generally said. That is not the rule within the sanctified precincts of the courts of Law. It has been declared in explicit terms in the Indian Penal Code, 1860 (abbreviated as I. P. C. ). The responsibility for overseeing the enforcement of that salutary statutory provision rests with the Court; for a sanction for such legal action is to be granted by the Court. The Court itself is the custodian of the key, and the controller of the arena. That is an indication of the seriousness attached to the action by the Legislature. That is a manifestation of the trust reposed in the courts. That, in sense, is the greatest check against abuse of prosecution proceedings against those who have given tainted evidence in judicial proceedings before courts or Tribunals of the nature indicated. "pray, consider the action appropriate, having regard to the startling facts and the stunning revelations which have been placed by massive materials before the Court" such appears to be the dispassionate posture of the Union of India in the Notice of Motion now under our consideration.
(2.) IT is necesary to be specific and detailed in relation to material facts while considering the grave prayers in the Notice of Motion. Vague and general statements would not do, before a decision which impinges on substantial statutory provisions and which may cast possible impact of potential proceedings is taken.
(3.) THE skeletal facts which need recapitulation may now be recalled. 3-A godrej manufactures refrigerators. Understandably, the consumers and customers are not confined to a great city like Bombay but are dispersed all over the country. A fridge (as refrigerator is affectionately abbreviated) is not merely a status symbol but a minimal necessity in many a home.;