- (1.) Order dated December 8, 2011 passed by the learned Judge Special (CBI) Court No.3 directing clubbing of four criminal cases has been assailed on behalf of the Central Bureau of Investigation.
(2.) It appears that the opposite party Nos. 1 to 4 herein had entered into a criminal conspiracy with one another and pursuant to such conspiracy, the opposite party Nos. 1 to 3 dishonestly and fraudulently authenticated non -enlistment export transactions of ball point pens by M/s. Laxmi Overseas to Bangladesh. On the strength of such authentication of non -existent export transactions, duty drawback was sought to be claimed under the Duty Drawback Scheme in favour of M/s. Laxmi Overseas. It further transpired that such activity was carried on by the opposite party No. 4 under the guise of M/s.Laxmi Overseas, Which was a non -existent firm. With regard to several transactions carried on in the name of the aforesaid fictitious M/s. Laxmi Overseas, four separate FIRs were registered, viz. RC0102005A0041, RC0102005A0042, RC0102005A0043 and RC0102005A0044. In respect of each FIR separate charge -sheets were issued. The learned Judge after considering the factual backdrop of the case held that the alleged offences were committed in course of same transactions and in view of Section 223 of the Code of Criminal Procedure directed the case to be tried together.
(3.) The learned Advocate for the CBI stated that the transactions were independent of one another and although the offences are of the same nature, it cannot be said to be committed in the course of the same transaction. He relied on an unreported decision of this Court in C.R.R. No. 3871 of 2011.;