Sibal: Under Customs Act, the offence is defined. Here, let's say you have a scheduled S 420 offence...ED may not proceed in one case, but not in another. I'm indicating that there is no other statute where this discretion exists.

Khanna J: That may not be true. There are a lot of statutes where this kind of discretion exists.

Sibal: But there's a threshold. I'm leaving the thought to you, think about it.

Kaul J: You're saying that there's a possibility of misuse...

Sibal: Not just a possibility. I'll leave it at that.