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PW-42, Ezar-Ul-Haq, stated that he had not knowledge about any firm in the name M/s Mahavish Export, Rattan Market, Sujuru, Chungi Bazar, Muzaffarnagar nor he had ever seen any sign board of the same.

Statement of Accused

5. In his statement u/s 313 Cr.P.C, Mohd. Fahim (A-3) admitted that he was proprietor of M/s Ashfa Crafts and that documents (pages 2 to 8 in Ex.PW-2/4) were filed by M/s Ashfa Crafts. A-3 admitted that Ex.PW-20/A was copy of application form for issuance/allotment of Code No. on which Import/Export Code No. in favour of firm M/s Ashfa Crafts, the Exporter is Mohd. Fahim (A-3), Qasditola, Khinni Gali, Muradabad UP issued by the Reserve Bank of India bearing No.KA000478 on 13.12.1978. A-3 admitted that vide application dated 08.07.1993 i.e. Ex.PW10/28 he being Proprietor of M/s Ashfa Crafts with address S/No.7,Idgah Road, Mujafar Nagar, UP, India, applied to the Deputy Director General of Foreign Trade, Office of the DGFT at L416 Model Town, Panipat for issuance of advance Import License under duty exemption scheme, quantity base of CIF Value Rs.66,00,000/-AM-94 along with documents (Marked PW10/D1 to PW10/D20), but thereafter stated that the application Ex.PW10/28 was given by him to the Deputy Director General of Foreign Trade, Office of the DGFT at L416 Model Town, Panipat for issuance of advance Import License under duty exemption scheme, quantity base of CIF Value Rs.66,00,000/-AM-94, as Proprietor of M/s Ashfa Crafts with address S/No.7,Eidgah Road, Mujafar Nagar, UP, India. On asking, Mohd. Fahim (A-3) stated that he could not recall, as to what documents he had filed along with the application. He admitted his signatures (at points A on pages 19 and 20 annexed to Ex.PW20/A) but stated that his signatures thereon were wrongly obtained. Mohd. Fahim (A-3) admitted his signatures on documents (placed at page no.28 to 31) and stated that he had signed on different papers and given the same to Mr. Om Parkash Seth(A-2) for filing application for issuance of Advance Import license. Mohd.Fahim (A-3) admitted that he as proprietor of M/s Ashfa Crafts submitted letter dated 16.08.1993 i.e. Ex.PW-10/32, along with documents from pages 37 to 43 to the DGFT Panipat and LUT against advance license under the duty exemption scheme.

10. In his Statement u/s 313 Cr.P.C, Mohd. Afroz Khan (A-7) stated that he was not the proprietor of any firm nor was he the proprietor of Export collection Enterprises. A7 stated that however, he had applied for a loan in the name of M/s Export Collection Enterprises as proprietor thereof and his application for loan of a sum of Rs. One lakh had been given in the name of Export Collection Enterprises by Waahajuddin (A-4), who had given his application to some bank which loan A-7 had applied for his handwork related to Export which was exported by other exporters and he had done only job work and had not exported anything at any time. A-7 denied his signatures on Ex.PW20/C. A-7 denied that vide application dated 16.09.89 (Ex.PW2/3), he as proprietor of Export Collection (Enterprises) applied for Importer Exporter Code to the Deputy Chief Controller of Imports and Exports, Muradabad and that he had not applied for any Importer Exporter Code to the Deputy Chief Controller of Imports and Exports, Muradabad. He had only applied for a loan as Proprietor of Export Collection Enterprises. A-7 stated that the said application at page 1 of Ex.PW2/3 and other documents placed on the file D-17 i.e. Ex.PW2/3 were not signed by him. A-7 could not say whether the stamps of Export Collection Enterprises on Ex.PW2/3 were the stamps of Export Collection Enterprises for which he had applied for a loan, but stated that Waahajuddin (A-4) had got prepared stamp of M/s Export Collection Enterprises, but could not say whether the stamps visible on Ex.PW2/3 were the same as those that had been got prepared by Waahajuddin or not. A-7 stated that he did not know and had never authorized Mr. Ashok Kumar to collect advance import license no. 1523667 dated 31.3.1993 along with DEEC Book vide letter dated 26.04.1993 nor the document PW10/C23 was signed by him.

45. On scrutiny of evidence on record, this court finds no merit in the submissions advanced by Learned counsel. Mohd. Faheem (A-3) is proprietor of M/s Ashfa Crafts, Mohd. Afroz Khan (A-7) was proprietor of M/s Export Collection Enterprises and Mohd. Aslam (A-10) was proprietor of M/s Iqbal Impex Arun Gajadhar Prasad Sharma (PW-10), who at relevant time had processed the files pertaining to the aforesaid firms of the accused, identified signature of Mukhtiar Singh (A-1), Deputy Director, DGFT, Panipat. PW-10 proved the relevant files, pertaining to M/s Ashfa Crafts (Ex.PW-10/7) bearing his signatures as well as signatures of Mukhtiar Singh (A-1), file pertaining to M/s Ashfa Crafts (Ex.PW- 10/27), file pertaining to M/s Export Collection Enterprises (Ex.PW-10/19) and file pertaining to M/s Iqbal Impex is (Ex.PW-10/46). He testified that the applications were submitted by proprietor of M/s Ashfa Crafts dated 8 th July 1993 and application submitted by proprietor thereof the documents submitted along with applicant firms were also submitted. Application dated 24 th March 1993 of M/s Export Collection Enterprises is (Ex.PW-10/20)(D-3). Application dated 8th July 1993 of M/s Ashfa Crafts (Ex.PW-10/28) (D-1). Application dated 6th July 1993 of M/s Iqbal Impex (Ex.PW-10/47)(D-8) is signed by their respective proprietors. Application in triplicate duly filled and signed, Application seized, Photocopy of RBI Code Number in triplicate, Photocopy of IE (Import Export) Code Number in triplicate, Photocopy of SSI registration certificate in triplicate, CA Certificate in original and two photocopies, Bank Realization Certificate original and two photocopies, Photocopy of Export Order in triplicate & Photocopy of RCMC (Registration cum Membership Certificate) in triplicate.

48. Submission advanced by the Learned defence counsel that the documents in question i.e. applications do not bear signatures of accused persons is not acceptable on the face of it, as during examination of the witnesses, it was never questioned by the accused persons that those documents did not bear signatures of accused persons namely Mohd Faheem, Mohd Afroz and Mohd Aslam on several documents in the concerned files i.e. (Ex.PW-2/4) - Application dated 7th October 1992 for allotment of importer- exporter code number alongwith annexures. (M/s Ashfa Crafts); (Ex.PW-2/3) - Application dated 16th November 1989 for allotment of importer-exporter code number alongwith annexures. (M/s Export Collection Enterprises); (Ex.PW-2/10)