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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.

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:­

10.In order to establish these allegations against the accused, the prosecution examined PW9 Sh. Mahesh Chandra, who deposed that in the year 1993, he was working as Dy. Director General of Foreign Trade. He stated that application dated 03/12/93 Ex. PW4/1 was received from M/s Ronnie Overseas, which was accompanied by Ex. PW4/2 and Ex. PW4/3. Treasury challan Number 9844 is Ex. PW9/A and import export Code Number Number 0593052552 was thus issued. PW9 further deposed that any applicant having urgency could see Dy. Director General under visitor pass. He further deposed that one Mohan appeared before Dy. Director General under visiting pass Ex. PW9/B along with M/s Ronnie Overseas letter Ex. PW4/4. He also identified his order on Ex. PW4/4 for issuance of I.E. Code Number and his signatures at point A.

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.