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Under these circumstances, at this juncture, the question arises. if on the basis of the said evidence of PW-4 Rohtash Pandey, PW-5 Gurdarshan Singh and PW-10 Man Singh Yadav it stands concluded that accused has not booked any consignment for export to Canada.

SC no. 7103/16 obarmeby Spl Redge (DES), South, Saker, New Dewids a2 202) 4} ocuments On record evidence and d of PW-4 Rohtash In this respect the verbal has been perused carefully. As per evidence igence report that 4 consignment Pandey, on receipt of intell llaneous 2° ods of M/s KD, on other misce e exported from ICD, T h Pinto and pw-i0 M.S. Yadav nstance, the custom office containing Ketamine alongwith Rizwan Exports was likely to b 13.10.2010 he alongwith PW-9 Manis reached at ICD, TKD. There at their i provided them shipping bill alongwith other relevant documents filed swan Exports. AS per for exporting the consignment by M/s Ri nchnama Ex.PW-S/A further evidence of this witness, alongwith Pa certain documents Ex.PW5/B (Colly 28 pages) wer documents Ex. PW5/B (colly. 28 pages) which include C Container Corporation of India, the documents of CHA, shippin e also seized. The RN slip of g bill no. 1653146 dated 11.10.2010, self SDF form dated 11.10.2010, invoices showing the name of exporter as M/s Rizwan Exports, 58/2, Street no.6, Rashid Market, Delhi, packing list, duplicate CRN slip of Container Corporation of India Ltd., PCL Carting register. Among said documents, the shipping bill no. 1653146, self declaration form, invoices, packing lists bear the signatures of accused. As per the statement of accused Ex. PWI0/E, recorded U/s 108 of Customs Act. ms a _ inter alia, stated that his firm M/s Rizwan Exports as no. 0504082701. Whether the said stat i seaihle j this matter or not shall be looked into later sn afer th mse ~ of other evidence on record. However, for the purpose ne "en the fact whether the consignment was likely to be ex ees same JEC number ie. 0504082701, the other a nner the , evidence has been perused. As per evidence of PW-5 Gurdarst i han Singh, for the »f purpose Spt. Judge (NDPS}, South. Sake: N "D wi New Dalhyns ge ana:

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of exporting any article out of India, the IEC code is mandatory and M/s Rizwan Exports was having IEC code. In the documents pertaining to CHA M/s Exim Cargo services, the same IEC number i.e. 0504082701 pertaining to M/s Rizwan Exports has been mentioned. The accused at any point of time has not controverted that the IEC no. 0504082701 does not belong to his firm. Hence, the fact stands prove that said IEC number pertains to the firm M/s Rizwan Exports belonging to the accused.
Further the invoices bearing no. REC/Oct/19/263 bear signature of accused. The packing list also shows the same invoice number which also bears signatures of accused. The shipping bill bearing no. 1653146 dated 11.10.2010 also bears the same invoice no. i.e. REC/Oct/19/263 which also bears the signatures of accused. In the self declaration form, the shipping bill no. has been disclosed - as 1653146 dated 11.10.2010 and it also bears the signatures of the accused. However, in this respect the contention of Ld. Counsel for accused was that none of these document bears signature of accused as Proprietor of firm namely M/s Rizwan Exports. But from perusal of the invoices and packing list shows that accused has signed both these documents in capacity of Proprietor of M/s Rizwan Exports as the stamp of M/s Rizwan Exports and its proprietor appear alongwith the signatures of accused. In respect to shipping bill and self declaration form, it is found that both these documents do not reflect that accused has signed these documents being Proprietor of the firm. However, on this score as discussed above, the number of invoices have been mentioned on the shipping bill and the same shipping bill has been mentioned on the Self Declaration Form. Moreover, as per SC no. 7103/16 BAipesh Kika Spl Judge (NDPS), South, Saker, New Dethiseu.2 2091 SO go. PEGS collected all Unese evidence of PW-d4 Rohiash Pandey. he has by all these documents decuments from the Custam Office, meaning snsignment wath custom: