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That the respondent/accused No. 1/firm never engaged in the manufacture of SS Articles at Bangalore and the firm is a fictitious one. On 27-1-1982 the Joint Director, SSI, Bangalore informed the JCCI & E that the firm had not been issued with any SSI Certificate and there was no such firm at all.
That the respondent/accused Nos. 1 to 5 entered into a criminal conspiracy, obtained EEPC certificate from EEPC, Madras by producing forged and false documents and also obtained licence from JCCI & E, Bangalore by producing false documents in the name of respondent/accused No. 1 firm and imported stainless steel without utilising the same for which it was obtained, contravening the AU conditions and thus committed the offences punishable under Section 120-B read with Section 420, 471 read with Section 468 IPC and Section 5 of the Imports and Exports (Control) Act, 1947.

11. Having heard both sides, the points for my consideration are (i) whether the impugned judgment passed by the learned Judge of the Special Court is sustainable in law, and (ii) whether the same is called to be interfered with by this Court in the instant appeal.

12. My answer to the point No. (i) in the affirmative and the point No. (ii) in the negative for the following reasons :

13. The offence alleged in the instant case is under Section 120-B readwith Sections 420, 471 read with Section 468 of IPC and Section 5 of the Imports and Exports (Control) Act, 1947. The substance of the accusation is that accused No. 2 had floated a fictitious firm in respondent/accused No. 1 and managed to obtained a forged SSI Certificate alleged to have been issued by the Joint Director of SSI, Bangalore and with the assistance of the same it had applied for membership in EEPC for inclusion of the firm as a member thereof and further obtained a licence bearing No. P/L/2852599 dated 8-8-1981 for Rs. 9,30,000/- with condition that the SS articles to be exported to M/s. Zee Cheem & Co. for a minimum FOB value of Rs. 18,63,425/- for a period of export obligation of six months from the date of importation of the said consignments and the goods cleared under the licence and that respondent/accused No. 2 sold the said licence to respondent/accused No. 3 and under the instructions of respondents/accused Nos. 3 to 5 floated yet another fictitious firm, M/s. Dwarakesh importers Steel Yard House, Bombay and further opened current account in the name of the said M/s. Dwarakesh Importers and that the said M/s. Dwarakesh Importers opened a letter of credit against the licence issued to the respondent/accused No. 1 firm in the Syndicate Bank, Colaba Branch, Bombay in favour of M/s. Nikkaseeki Kaishe Ltd., Tokyo, Japan for Japanese Yen equivalent for Rs. 9,30,000/- for the import of SS sheets/bars and that the import documents were received from foreign correspondent on 17-2-1982 and that the documents were retired after respondent/accused No. 1 firm paid Rs. 13,56,000/- and that M/s. Jabee and Co. Bombay was entrusted with the clearing work by respondent/accused No. 3 who filed Bill of Entry on 20-2-1982 in the Customs House for the clearance of 156 bundles of SS sheets/bars etc.