Document Fragment View
Fragment Information
Showing contexts for: import export code in 1 Cbi vs Moti Lal Chandra on 19 May, 2010Matching Fragments
1. The case in hand was registered on the basis of a complaint 2 CBI Vs Moti Lal Chandra dated 22.09.1995 received from Sh. A.K.M Chakankar, Dy. DGFT, Udyog Bhawan, New Delhi. The complainant reported about M/s Ronnie Overseas attempting to obtain the high value license on the basis of forged and fabricated documents.
2. As per the chargesheet, it was disclosed upon investigation that a fictitious firm known as M/s Ronnie Overseas was established in 1993 at SomduttII, 9, Bhikaji Cama Place, New Delhi by Moti Lal Chandra as its proprietor. The said Moti Lal Chandra @ Pushpendra thereafter applied for ImporterExporter code Number (hereinafter referred to as I.E.Code Number) vide his application dated 03.12.1993 which the following documents were attached as mentioned in the chargesheet were attached.
6. The accused on being summoned was supplied with the copies of the chargesheet as per Section 207 CrPC and after hearing arguments, charge for the offence punishable u/s 511 IPC read with Section 419/420/468/471 IPC was framed against the accused Moti Lal Chandra @ Pushpendra vide order dated 07.10.1998 the accused pleaded not guilty and claimed trial.
7. Nineteen witnesses were examined by the CBI to bring home the allegations made against the accused in the chargesheet. The statement of the accused was recorded u/s 313 CrPC on 20.07.2007 wherein he denied the incriminating circumstances against him. He even denied that he, as Pushpendra, proprietor of M/s Ronnie Overseas applied to DGFT for grant of Exporter and Importer code. He further denied having forged Bank Certificate Ex.PW4/2 and Ex.PW4/3 and further denied having obtained the importer and exporter code no .0593052552 from DGFT Ex.PW7/A. The accused further denied having applied for Quantity based license for import of Clove Bud oil for Rs.30 Lacs vide Ex. PW4/5 and also denied that he as Pushpendra used the address 11617, 4 CBI Vs Moti Lal Chandra Som Dutt Chambers IInd, 9, Bhikaji Maka Place, New Delhi as office address for the purpose of business of M/s Ronnie Overseas as proprietor of the said firm. In his statement u/s 313 CrPC, the accused stated that the CBI had shown him a photograph and pressurised him to admit that he is his man and that the accused should produced him. He stated that he is innocent and a false case has been filed against him. He pleaded innocence. His further statement was recorded u/s 313 CrPC on 04.11.2009 wherein he denied that vide letter dated 10.12.1993 Ex. PW4/4, he had authorised his representative to receive the importer and exporter code from DGFT office.
8. Arguments have been advanced before me in detail by Ld. APP for CBI as well as by Ld. Defense counsel representing the accused who have also filed extensive written arguments on record and cited case law in support of the respective submissions.
9. As discussed above, it is alleged that the Moti Lal Chandra @ Pushpender established fictitious proprietorship firm in the name of M/s Ronnie Overseas in 1993 at SomduttII, 9, Bhikaji Cama Place, New Delhi. Thereafter, accused Moti Lal Chandra Chandra applied for ImporterExporter Code Number vide his application dated 03/12/93 along with which following documents were attached:
23. Further, the case of the prosecution as it unfolds from the chargesheet is that after obtaining importer exporter Code Number, accused Moti Lal Chandra submitted an application dated 27/12/93 to the DGFT for obtaining advance license (QABAL) under Duty Exemption Scheme in terms of ALC circular Number 9/92 dated 12/8/92 issued by the DGFT, Udyog Bhavan, New Delhi for the import of clovebuds oil and attached the copies of documents as mentioned herein above along with his application dated 27/12/93. Supported documents were got verified by DGFT and were found to be forged and hence accused has been charged for attempting to cheat DGFT by using forged and fabricated documents.