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1. Accused persons Chitresh Kumar Chopra, Nand Lal Madan, Gopal Chander Awasthi, Janak Raj Gupta and Kishan Dev Aggarwal had been chargesheeted with the allegation of commission of offences punishable under section 420/468/471/120-B IPC and section 5 of Import & Export (Control) Act 1947. It has been alleged that during 1979-80, all these accused persons were party to a criminal conspiracy, the common object of which was to commit offences under section 420/468/471 IPC and Section 5 of Import & Export (Control) Act 1947. It is alleged that the accused persons fraudulently and dishonestly obtained import licence bearing No. P/S/1866994 dated 17.09.1980 in the name of a fictitious firm M/s Taj Industries, on the basis of false declarations about existence of a manufacturing unit in Moholla Shiv Dutt, Gulaothi and registration as Small Scale Industries Unit with District Industries/Centre, Bulandshahar. Further, the accused persons misused the licenses and violated the terms of the same. They forged or caused to be forged various documents for purpose of cheating and fraudulently and dishonestly used as genuine forged documents in the nature of rent note in respect of premises in Mollaha Shiv Dutt, Gulaothi, invoices, certificate purportedly issued by M/s. Goel & Associates, CA, bank related documents etc.

6. After the investigation was conducted by the CBI, the present complaint was filed by Sh. AGV Subbu, a public servant and an officer authorized on behalf of the Central Government to make the complaint in writing under section 6 of the Imports & Exports (Control) Act, 1947. Thus, the complaint was filed alleging that the accused persons CK Chopra, Nand Lal Madan, GC Awasthi and KD Aggarwal committed offences punishable under section 120-B IPC read with section 420, 465, 468/471 IPC & Section 5 of the Imports & Exports (Control) Act, 1947 and Section 5 of the Imports & Exports (Control) Act, 1947. Accused KD Aggarwal also allegedly committed substantive offence under Section 465 IPC. Further, accused Janak Raj Gupta, in conspiracy with accused CK Chopra and other co-accused, allegedly committed offences under sections 120-B IPC read with Section 5 of the Imports & Exports (Control) Act, 1947 and substantive offence under section 5 of the Imports & Exports, (Control) Act, 1947. Accused Suraj Prakash was cited as approver/witness.

7. Initially, upon receipt of the complaint on 02.02.1985, cognizance of the offences was taken by the court and the accused persons were summoned. Based on the material on record, order on charge dated 25.05.1988 was initially passed against them for commission of offences punishable under section 120B IPC read with section 420, 468, 471 IPC and Section 5 of the Imports & Exports (Control) Act, 1947 and substantive offences under these, and actual charges were framed on 09.08.1988, to which they pleaded not guilty and claimed trial.