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2.1 Investigation revealed that accused Jai Bhagwan Saini not only opened one proprietorship firm M/s. Jyoti International giving its address as UG-59, Palika Place, Panchkulan Road, New Delhi but also opened Current Account No.1882 on 22.6.98 in favour of M/s Jyoti International by posing himself as Ashok Kumar, Proprietor of the firm in Lord Krishna Bank, Connaught Place, New Delhi. Thereafter, accused Jai Bhagwan Saini obtained Importer Exporter (IEC) Code number in favour of the (Neetu Nagar) ACJM-06 RADC Delhi:22.09.2025 NEETU by NEETU NAGAR Date:

submitted by the exporter duly supported with Treasury Challan (TR), photocopy of Importer/Exporter code no. and photocopy of RCMC (Registration cum Membership Certificate). He deposed that there was no provision for the verification of the export document submitted by the exporter. However, the competent authority for issue and sanction of DEPB used to direct verification of central documents as observed by him. The DEPB used to be sent to the exporter through post and exporter was free to utilise the DEPB from the concerned custom which issued the shipping bills. He deposed that the Government had notified DEPB Scheme under which against an export product, the export incentive rate was declared and at that rate on the basis of the export document, DEPB was issued to the concerned exporter.

(xxvii) PW-26 Sh. Sudresh Choudhary:- This witness was working as Foreign Trade Development Officer (FTDO) in office of Joint DGFT, Asaf Ali Road. He deposed that D-17 i.e. Import/Export Code, File No. 05/04/130/02010/AM99 is dated 20.07.1998 which was after his retirement on 30.04.1998 and the signature thereon did not pertain to him. The said document was marked as Mark PW26/A. (Neetu Nagar) ACJM-06 RADC Digitally signed Delhi:22.09.2025 NEETU by NEETU NAGAR NAGAR Date: 2025.09.22 17:35:57 +0530 CBI 77/2019 CBI VS. JAI BHAGWAN SAINI & ORS.

International to Sh. Rajesh Chahal, Inspector CBI in the Office of SP, CBI, CGO complex, Lodhi Road. He proved application dated 24.08.1998 vide Ex.PW2/B for registration under export and import policy for membership. He deposed that the registration was submitted in their office on 10.09.1998 vide diary no. 8292 by Ashok Kumar proprietor of M/s. Jyoti International. He has further deposed that the application Ex.PW2/B was enclosed with demand draft no. 769818 dated 09.09.1998, application for membership, photocopy of Import Export Code duly attested by the proprietor, form of application for registration, registration-cum-membership certificate and bank report in sealed cover. He testified categorically that application for registration under import and export policy Ex. PW2/B was signed by Ashok Kumar and he proved the same vide Ex.PW2/C. He has also proved true copy attested by Ashok Kumar vide Ex. PW2/D, the application for membership signed by Ashok Kumar vide Ex.PW2/E which was processed in their office and approved by him on 16.09.1998 vide his signature Ex.PW2/F. He has deposed that the said file was processed by Smt. Shree Kumari vide Ex.PW2/G and was again put up before him on 16.09.1998 vide initial Ex.PW2/H of Smt. Shree Kumari. He proved certificate of enrollment as member of council for the year 1998-99 which was issued by him after ascertaining and verifying documents attached by the firm with its application vide Ex.PW2/1, certificate of registration for exporter of (Neetu Nagar) Digitally signed ACJM-06 RADC Delhi:22.09.2025 NEETU by NEETU NAGAR NAGAR Date: 2025.09.22 17:37:29 +0530 CBI 77/2019 CBI VS. JAI BHAGWAN SAINI & ORS.