Document Fragment View

Matching Fragments

2. Narender Kumar Aggarwal s/o Sh H.K Aggarwal r/o 413 Roop Nagar, Delhi.

                                                                  ( EXPIRED)
            



           E:                    OFFENCE             :            U/S 467/468/471/420/511/120 B IPC  
                                 COMPLAINED OFF                         

           F:                    PLEA OF ACCUSED :                 PLEADED  NOT
                                                                  GUILTY




                                                                                                          (P1of 8)
state vs Manvinder Singh etc.,
                                                            (P/2)

                                                                   u/s 467/468/471/420/511/120 B IPC
                                                                   P.S. IGI Airport (CB)




            G:                   FINAL ORDER              :        Acquitted  

            H:                   DATE OF SUCH          :            19.1.2011 
                                 ORDER  




            BRIEF REASONS FOR DECISION:

     1.                                 Accused   Manvinder   Singh   is     facing   trial   on   the 

         allegation   of   the   prosecution   that          on       or   about   August   1992,   he 

alongwith co­accused Narender Kumar( expired) entered into a criminal conspiracy to cheat the customs Department by dishonestly and fraudulently inducing them to clear the customs goods on the basis of the forged bill of entry no. 239612 dt. 2nd August 1992 in the name of M/S Polyvinyl Industrial corporation and import invoice no. 855 dt. 30/6/1992 alongwith a declaration form . It is alleged that in furtherance of said criminal conspiracy, he forged the signatures of Suresh Kumar on the said declaration form and also forged the Bill of entry and invoice stamp of Bank of India . It is further alleged that it was done to induced the Custom department to clear the custom goods on the basis of said forged documents wherein the value of the goods imported were shown as hight undervalued in order to claim custom concessions. It is further alleged that he used the above said forged documents knowing of having reason to (P2of 8) state vs Manvinder Singh etc., (P/3) u/s 467/468/471/420/511/120 B IPC P.S. IGI Airport (CB) believe that the same are forged and these forged documents were tendered with the customs department and customs officials were induced to clear the goods by misrepresentation regarding the value of goods on the documents .

2. After investigation the chargesheet was filed against the accused person. During pendency of the present case accused Narender Kumar Aggarwal expired and accused Anil Dhingra and Neeraj were discharged. Prima facie case U/s 467/468/471/420/511/120 B IPC was made out against the accused Manvinder . After compliance of section 207 Cr. P.C , he was charged accordingly by the ld Predecessor of this court to which he pleaded not guilty and claimed to be tried.

12. Further, during cross examination of PW4 , it has also come on record that there was no expert verification of the said signature. There is nothing on record which could show even prima facie that accused Manwinder Singh has signed as Suresh Kumar on the declaration form and managed the forged invoice stamp of Bank of India Okhla Industrial Area.

13. Keeping in view the above observation, facts and circumstances of the case, I am left with no option but to hold that prosecution has failed miserably to prove its case against the accused beyond the shadow of doubt, therefore, accused Manvinder Singh stands (P7of 8) state vs Manvinder Singh etc., (P/8) u/s 467/468/471/420/511/120 B IPC P.S. IGI Airport (CB) acquitted from the charge u/s u/s 467/468/471/420/511/120 B IPC . His surety stands discharged. Documents, if any, be released after cancellation of endorsement.