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Showing contexts for: import export code in Cbi vs . M/S Bothra Rugs P Ltd. on 11 July, 2014Matching Fragments
An advance license no. P/K/3042828 dated 07.01.1985 was got issued by the office of Joint Chief Controller of Import and Exports, CLA, Inder Prastha Bhawan, New Delhi in the name of M/s Bothra Rugs P Ltd. (hereinafter called the accused company) on fulfilling the necessary formalities by its Directors namely Hanuman Mal Bothra (since deceased) and Smt. Leela Bothra. The said license was issued for import of 20000 Kgs. of brass scrapes to India with the condition that custom duty on the said import shall be exempted. In the license one of the condition is that accused company shall export 20000 Kgs of brass handicraft for an FOB RC No. 11/88 PS : CBI/SIUIX/ND U/s 120B/420 IPC and U/s 5 of Import and Exports (Control) Act, 1947.
2 Accused company imported the above quantity of brass scrapes and the said imported material was cleared from the Bombay Port on 20.04.1985 through clearing agent M/s Gokul Dass Hansraj Shipping P Ltd. Bombay and the same was transported to Delhi through M/s Kay See Carriers Bombay. Though the accused imported the brass scrapes but does not fulfill the condition of the license i.e. export of 20000 Kgs of brass handicraft for an FOB value of Rs. 9,00,000/- within a period of six months from the date of clearance of first consignment. The accused persons also did not intimate the licensing authority about the non fulfilment of export obligation nor sought any extension. Since the accused did not produce any export documents before the licensing authority, the Joint Chief Controller of Import and Exports, New Delhi issued show cause notice on 09.07.1986 and thereafter, order of forfeiture of LUT was passed was passed on 19.08.1986. As the condition of the license was not fulfilled by the accused company, Sh. M.M. Rehani, Deputy Chief Controller of Import and Export, office of the Chief Controller of Import and Export, Udyog Bhawan, New Delhi wrote a complaint to CBI for violation of the said condition and on the basis of said complaint present RC bearing No. 11 (S)/88 was registered u/s 120B/420 IPC and U/s 5 of Import and Exports (Control) Act, 1947 and after registration of the FIR criminal RC No. 11/88 PS : CBI/SIUIX/ND U/s 120B/420 IPC and U/s 5 of Import and Exports (Control) Act, 1947.
15 PW9 R.S. Sanehwar deposed that letter dated 20.10.1986 Ex. PW9/A bear his signatures and at that time he was controller of Imports and Exports.
CBI V. M/s Bothra Rugs P. Ltd. ("Convicted") Page 9 of 23RC No. 11/88 PS : CBI/SIUIX/ND U/s 120B/420 IPC and U/s 5 of Import and Exports (Control) Act, 1947.
DOD: 11.07.2014 16 PW10 N.J. Lobo deposed that he has seen indent Ex. PW4/A and bear his signatures and same was issued in favour of Mrs. Bothra Rugs P Ltd.
45 In view of my above reasons, I am of the considered view that all the three accused persons criminally conspired to obtained Advance Import license for Rs. 2,40,000/- in the name of M/s Bothra Rugs for importing brass scrap under duty exemption, and mis-utilized/sell the imported material in contravention of the conditions of the License by not fulfilling the export obligation.
46 In view of the above discussion, accused M/s Bothra Rugs P Ltd. the company, accused S.K. Bothra and accused Leela Bothra are convicted for offence u/s 120-B IPC, u/s 5 of Import and Exports (Control) Act, 1947 and Substantiative offence thereof.