Document Fragment View

Matching Fragments

On 17-3-1997, Sri B. Kistaiah Ex-MLA, Shadnagar, who is a close associate of Sri B.P. Agarwal a businessman running a textile mill at Shadnagar filed a WP No.5717 of 1997 praying for issuance of appropriate writ declaring the action of the respondent in abusing the power vested by law under Sections 12-A, 13 under the provision of Chapter 3 of Central Excise and Customs Act, 1994 and attracting the provision of Section 23 of the Central Excise Act resulting in a loss of Central Excise revenue to the tune of Rs.440 crores in Hyderabad.

On 17-3-1997 Sri N.K. Prasada met one Sri B. Kistaiah an Ex.MLA who had got close association with Sri B.P. Agarwal Textile Mill owner of Shadnagar with whom the said Sri N.K. Prasada also had acquaintance. On the same day Sri Kistaiah filed a WP No.5717 of 1997 alleging irregularities in Customs and Central Excise, Hyderabad and also filed several documents along with writ petition which were supplied by N.K. Prasada.

Not contended with filing of the above writ petition Sri N.K. Prasada A2 also got filed another WP No.6240 of 1997 through Sri S. Ramachandra Rao, senior Advocate and Seshagiri Rao, Advocate. Since, the subject-matter of both the writ petitions are one and the same, the Hon'ble High Court posted the matter for hearing before Hon'ble Justice V. Bhaskar Rao and Hon'ble Justice Sri B. Sitdershan Reddy.

Sri Ramachandra Rao stated that in the month of March, 1997 Sri B.P. Agarwal introduced Sri N.K. Prasada to him and said that Sri N.K. Prasada wanted to file a petition with regard to some serious irregularities in Customs and Central Excise Department and as such Sri Ramachandra Rao agreed to file the petition.
Sri B. Kistaiah, the petitioner was examined and he stated that Sri N.K. Prasada came to his residence at Gunfoundry in the month of March, 1997 along with two other persons and introduced himself as an officer of Central Excise and other two persons as his colleagues. He further informed Sri B. Kistaiah that he was working as Divisional Commissioner of Central Excise at Shadnagar area and hence he heard about him. Sri B. Kistaiah. is an Ex-MLA of Shadnagar, affiliated to Congress party and is an office bearer of the party. Sri B. Kistaiah was induced by N.K. Prasada to file a Public Interest Litigation regarding me revenue loss in Central Excise and Customs. He was informed that the petition may expose a major scandal in the department and in turn this will earn him a good reputation. Sri B. Kistaiah is known to Sri B.P. Agarwal since 1978. Sri B.P. Agarwal is running a textile factory at Shadnagar. On that day as per the statement, Sri B. Kistaiah was not aware about the transfer of Sri N.K. Prasada. Shri N.K. Prasada also promised him that he would bear the expenses connected with the writ petition.
"I am ex-MLA of Shadnagar Constituency. I filed a WP in this Court against the Commissioner of Central Excise and none else. I do not know any person by name M. V. Reddy (the affidavit in WP No.5717 of 1997 shown to the witness). The affidavit bears my signature. I know the contents of the affidavit.
Q. Please narrate the contents of your affidavit?
Ans. I reside at Shadnagar. Some persons informed me that the revenue loss is being caused to the Central Government. I engaged an Advocate, Sri Prabhakar Rao. Then I got this petition filed. I am not aware of the contents of the affidavit shown to me and signed by me. I do not know any person by name N.K. Prasada. I do not know who gave instructions to draft the above affidavit. I signed the above affidavit in the office of my Advocate.