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I have heard the arguments on charge as addressed by both the counsels.

2. A complaint was filed against the accused person by Shri S.R. Johar, Dy. Chief Controller, Import & Export, for the offences U/s 120B IPC read with Section 420 IPC and Section 5 of Import and Export (Control) Act, 1947.

The facts alleged are that in the year 1985 accusedNo.1 Faiz Nabi and accused No.2 Shakir Hussain with one Des Raj Gulati (Now Approver) entered into a criminal conspiracy among themselves and with other known persons at Moradabad, (U.P), with an object to cheat the office of Jt. CCI&E (CLA) New Delhi and fraudulently and dishonestly, obtained an advanced Import licence under Duty Exemption Scheme by filing forged and false documents.

8. A perusal of the complaint; statement of witnesses of pre-charge evidence, all prima facie show a conspiracy of both the accused persons with PW1 Approver, to obtain an Advance Import Licence under duty exemption scheme to import goods & misuse them and that they freely used forged documents, purchase orders and even forged the seal of manager, Vijaya Bank, Moradabad, UP and got prepared a forged Bank Export Certificate.

Thus, Prima facie offences u/s 120B read with Section 420 IPC for cheating and also U/s 120B read with Section 467 and 468 IPC and Section 5 of Imports Exports (Control) Act are made out against both the accused persons namely Faiz Nabi and Shakir Hussain. The case be now listed for framing of charge against them on 7/9/07.