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8. In the background of the facts that -

(a) DEPB scrip/license had been actually issued by DGFT, though against mis-representation and forged papers produced by the exporter ;
(b) there is neither allegation nor evidence that the respondent was aware of the fraud committed by the exporter  M/s Amber Exports at the time of making imports ; and
(c) at the time of import, in March 2000, the DEPB scrip was valid as the same was cancelled only on 7/12/04 ;

the principle that fraud nullifies everything would not be applicable to the Respondent, as -