B K PAREKH Vs. JOINT CHIEF CONTROLLER OF IMPORTS AND EXPORTS, NEW DELHI

JUDGEMENT

(1.) THE petitioner Shri B.K. Parekh was the 11th accused before the Special Magistrate, Delhi (Shri N.L. Kakkar) along with several others, the prosecution having been launched under Sections 120 -B, 420, 466 read with 109, 466 read with 471 of the Indian Penal Code, and Section 5 of the Imports and Exports (Control) Act, 1947. Some of the accused were discharged but the petitioner, along with six others, had been committed for trial in the Court of Session.

(2.) THE facts leveling to the said prosecution and the committal may be noticed. The petitioner is one of the three officers of Fedco (P.) Ltd., Bombay, the other two being Shri Dyer (P.W. 39) and Shri Wagh, who was the 12th accused in the case but was discharged by the Committing Magistrate. It is stated by Shri R.K. Verma, the learned counsel who appeared for the prosecution, that a revision has been filed against the said discharge of Shri Wagh to the Court of Session and that the same is pending. The Managing Director of Fedco was Shri E. Wenzel and Shri Rangwalla (the 10th accused) was a Director and Chairman. It is further stated at the Bar that Shri Rangwala has died after the committal.

(3.) FEDCO Ltd. are selling agents for a German firm known as Chemi Export Kointor (hereinafter referred to as the German firm) and were also Indentors for Indian firms who wanted to import goods from foreign countries.