CBI probe will bring out every minute detail in Gutkha scam: HC

Setting aside Advocate General Vijay Narayan’s submission to examine the case records of the status report submitted by the state investigating agency to decide whether investigation should be made over to CBI, the first bench said, “We do not deem it necessary to go into the question of whether the state police have done all that they ought to have done. The fact remains that underhand business in the banned gutkha and other forms of chewable tobacco is going on unabated.” “A fair and impartial investigation is an essential ingredient for the delivery of justice and investigation should not only be fair and impartial, it should manifestly be such,” it held.

Also, stating that the writ petition before it is not inter-party dispute, but PIL and the controversy is whether surreptitious trade of gutkha etc, shall be permitted or stopped the bench in its order said, “The state vigilance commission might inquire into allegations of corruption against the officers of the state government. The Commission might also conduct a detailed inquiry to fix responsibility for the loss of the file containing incriminating materials handed over to the then Chief Secretary by the Principle Director of Income Tax (Investigation) on August 12, 2016 and ensure that the guilty are brought to book and appropriate action taken in accordance with law.”

Also, observing that the power of vigilance commission to investigate would not extend to an inquiry into modus operandi of the gutkha mafia, the bench said, “Inquiry of vigilance department would not unearth secret storage and manufacturing units. Nor would such investigation be able to deduct incidents of illegal import, supply sale or nab those involved in manufacturing, supplying, importing, selling or otherwise dealing with prohibited food items containing tobacco and nicotine.”

Stating that the investigation by centralized agency like CBI would be more comprehensive the bench in its order said, “It will cover all the aspects of the banned item and the corruption and complicities of public servants and or government servants in this regard. Investigation can be carried out more effectively with the CBI and Vigilance department working in co-operation.”