It can be seen that several cases are pending before the courts in India. People are not getting justice on time and this is resulting in a denial of justice. The present case was instituted on September 10, 1996. So many people were deceived and due to the delay of justice, out of 16 accused six accused had died already.
Excise scam was caused by the partners of the firm who were engaged to supply country liquor which was auctioned in 1995-96 by the Excise department. The firm’s partners along with the officials had cheated the government by tampering with treasury and bank receipts.
The main problem in the case due to which there is a delay in justice is filing two charge sheets due to which for a long time the issue of debate in court was whether the second FIR was legal or not. J.S Modi filed the FIR in this case by the Crime Branch while the second FIR was filed by the Vigilance Organisation during bail order and that the role of Excise officials had not been investigated. One on account of stay from the Honorable High Court and second on account of mere pendency of the petition which was challenging the legality of second F.I.R wherein a specific stay was operating earlier but which, later on, got vacated. On March 16, 2005, the second F.I.R was quashed as both FIR’s had the same charge instituted, and sanctions were accorded by the government for the prosecution.
After this now the next step to decide is whether, based on material on record, the accused deserves to be charged or not. What can be interpreted is that crime is presumed to have been committed by the accused and to defraud the government to satisfy their greed to earn more by deceitfully. However, it can be said as the custodian of law and justice, our Honorable Courts has not to move with the number of the accused left surviving in the case, but it has to ensure certainty of law which should prevail, even belatedly, so that a message must travel across the society that no one can escape from the grip of Law and sooner or later he will be acknowledged.