- (1.) Order dated 13th September, 2012 passed by the learned Special Judge, CBI Court at Alipore, South 24 Parganas, in Special Case No. 1 of 2004 arising out of R/C 7/E/96-Cal under sections 120B/420/511/468 & 471 of the Indian Penal Code and under section 13(2) read with section 13(1D) of the Prevention of Corruption Act, 1988 has been assailed before me.
(2.) The prosecution case as alleged against the petitioner is that the petitioner is the sole proprietor of M/s Annapurna Yarn Fabric and the authorized person of M/s Bluemenfeld Limited and had applied to the Director General of Foreign Trade, Calcutta using forged and fabricated documents for issuance of 3 separate advanced licences under Duty Exemption Export Scheme. In response thereto, one licence being no. P/K/2283861/C dated 17.02.95 for import of 210000 kgs of duty free 100% mulberry raw silk with CIF value of Rupees 15373815/- against export obligation of 17500 kgs of 100% mulberry raw silk made ups of FOB of Rs 2,09,30,800/- was issued in favour of M/s. Annapurna Yarn Fabric; similar applications for two licences in the name of M/s Bluemenfeld Limited were also made; to procure such licences, the petitioner used false and fabricated documents including false certificate purportedly authenticated and issued by The Central Silk Board, Bhagalpur; on the strength of such advanced licence, the petitioner in purported discharge of export obligations sought to export in collusion with the officials of the Customs department rags, polythene, waste cotton and other valueless items misdeclaring them as silk made ups to various foreign exporters in order to obtain duty free import concessions under such license; pursuant to such conspiracy, on 2nd May 1995, 4 consignments of rags, waste cotton etc mis-declared as silk scarves and silk fabrics were sought to be exported in the name of M/s Annapurna Yarn Fabric and similar 6 consignments of rags, polythene, waste cotton etc mis-declared as 100% silk fabric were sought to be exported to Dubai through Calcutta port in collusion with Customs officials, however, the said consignments were seized on the suspicion of being mis-declared prior to shipment and adjudication proceedings for confiscation and penalty were initiated.
(3.) In respect of such fraudulent activity, FIR being No. RC/7/E/96dated 01.09.1996 against the petitioner, the officers of Customs Department and others was also registered under sections 120B/420/511/468/471 of the Indian Penal Code and investigation commenced.;