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9. Mohd Faheem (A3) further stated that Ex.PW26/6 bears his signatures, but the same were taken on a blank format of a letter of authority and on behalf of M/s Ashfa Crafts to S.K.Mehra Clearing and Forwarding Pvt. Ltd. and that M/s Ashfa Crafts did not received the goods of 20.791 Mt. Tonnes Silver Scrap worth Rs.8,76,333/- nor was it imported by M/s Ashfa Crafts. Mohd. Fahim (A-3), stated that the factory of M/s Ashfa Crafts was at Muradabad and office was at Muzzaffarnagar and all this was mentioned in the application of Ashfa Craft and that the office of Ashfa Craft at Muzzafarnagar and the factory address of Ashfa Craft at Muradabad had both been verified by the post office. A-3 admitted that Muradabad was not under the jurisdiction of the office of the Deputy Director (General) Foreign Trade Panipat and that exports could be made from the same export import code number from any place in India. Mohd. Fahim (A-3) stated that he had only opened an account with the Bank of India, Ansari Road Branch, New Delhi, but never deposited any money in the same and that Om Prakash Seth had got a cheque book issued and had taken his signatures on blank cheques and for this reason he had not deposited any money in that account. A- 3 denied that he in conspiracy with A-1, who by abusing his position as a public servant for issuance of duty free advanced import licenses at fictitious/non- existent addresses to M/s Ashfa Crafts 5-7 Eidgah Road, Muzzafarnagar, U.P. for a total CIF value of Rs. 66,00,000/- to M/s Ashfa Crafts with intent to cheat the Government of India by evading customs duty and stated that a false FIR has been registered against him. Mohd. Fahim (A-3), pleaded his innocence and stated that Mr. Om Prakash Seth against whom he got the FIR registered prior to the registration of FIR in this case against him and he had not placed any order to them for importing any goods on behalf of Ashfa Crafts of which he was the proprietor and had only informed Mr. Om Prakash Seth that if any goods were to be imported he would inform him and they would have to come to the Muradabad address. A-3 stated that both the address of Ashfa Crafts at Muradabad and at Muzzafarnagar were correct and he had intimated all Government authorities of his addresses and the addresses of Ashfa Crafts at Muradabad and Muzzafarnagar were not fictitious. He stated that M/s Ashfa Crafts and he had not evaded any customs duty at all and that CBI seized all the 19 files of Ashfa Crafts from Muradabad and no proceedings were conducted in the FIR that was got registered by him against Om Prakash Seth. Thereafter, there was quarrel between me and Mr. Om Prakash Seth who threatened to get him to be falsely implicated.

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)

- Application dated 4th July 1988 for allotment of importer-exporter code number alongwith annexures. (M/s Iqbal Impex); (Ex.PW-14/E2) - Declaration/Undertaking dated 26th June 1993 of M/s Export Collection Enterprises and at page 23 of D-52, Notification No. 117, File No. 602/14/78, DBK dated 9th June 1978; (Ex.PW-14/A2) - Declaration/Undertaking dated 14 th June 1993 of M/s Export Collection Enterprises (Ex.PW-14/F2) - Declaration/Undertaking dated 14th June 1993 of M/s Export Collection Enterprises (Ex.PW-26/4) - Letter of Authority issued by M/s Ashfa Crafts in favour of M/s S.K. Mehra, C & F Pvt. Ltd; (Ex.PW-26/6) - Letter of Authority issued by M/s Ashfa Crafts in favour of M/s S.K. Mehra, C & F Pvt. Ltd; (Mark PW- 11/B) - Letter of Authority issued by M/s Export Collection Enterprises in favour of Mohd. Faheem; (Ex.PW-11/3) - Certificate given by Rakesh Kumar Aggarwal (PW-11) who identified signatures and handwriting of Mohd. Faheem; (Ex.PW- 27/2) - Letter dated 27th August 1993 of Bank of India authorizing credit in favour of SB International by Bank of California, International, New York. Similarly other documents were executed regarding the import of goods by the firms of the accused persons (Ex.PW-27/5) & (Ex.PW-27/4).