- (1.) We have heard learned counsel for the parties and have gone through the records with their assistance.
(2.) The charges framed on 21.05.2010 by the Special Judicial Magistrate (CBI and Economic Offence), Indore (Madhya Pradesh) against the appellant read as follows: "(01) That Senior Intelligence Officer, Directorate General of Central Excise Intelligence, Indore, being so empowered under law, issued summons dated 14/12/09; 21/12/09 and 29/12/09, calling for your attendance in his office whereupon you were bound to be present before him but you intentionally did not remain present before him at the designated place. (02) That while knowing that as Managing Director of Suraj Impex (India) Pvt. Ltd. Lakshya, Indore you look after Central Excise related work of the Company, you on or around 29/12/09 submitted a false evidence before Directorate General of Central Excise Intelligence, Indore that you do not look after the above work, whereas excise duty related documents of the Company bears your signature as authorized signatory."
(3.) In so far as the first charge is concerned, learned counsel for the appellant, on instructions given by the appellant, states that he will appear before the Senior Intelligence Officer on 20.04.2015 at 11.00AM. Under the circumstances, it is not necessary to proceed with the first charge.;