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The appellant for this act of indiscretion has already n suffered a prosecution launched by the Central Bureau of Investigation in the Court of the Additional Chief Presidency Magistrate , Bombay for commission of an alleged offence punishable under s. 420 of the Indian Penal Code. The aforesaid affidavit which he had furnished to the Chief Controller of Imports . Exports was a document filed by the prosecution in that case and put in evidence to substantiate the charge that he made a false declaration before the Assistant Collector of Customs , Bombay that he was a tourist and had come to Bombay to stay for a period of six months and thereby the Assistant Collector was misled by the declaration so made although the appellant knew full well that he had sworn an affidavit before the Third Secretary , High Commission for India at Dar-es-Salaam that he was taking up an appointment as a Director of Messrs Atul Drug House Limited and it would therefore necessitate him to remain in India for a period of three years at least. The prosecution further alleged that he made a representation to the Chief Controller of Imports & Exports , New Delhi to issue him a customs clearance and when he was asked to produce affidavit in support of his claim , he scored out the words 'for three years' from the said affidavit and added in ink the word 'permanently' which amounted to forgery for which a case was pending in the Delhi Court. The appellant pleaded his innocence and denied the commission of the alleged offence. His plea in defence was one of false implication. He stated that the prosecution had been launched by the Central Bureau of Investigation in 1969 i.e. long after the Mercedes Benz car had been exported out of India before July 29 , 1967 i.e. the period of one year allowed under the tripe-trique regulation , at the instigation of his business rival Shah , the other Managing Director. After a trial the learned Additional Chief Presidency Magistrate by his judgment dated April 7 , 1973 acquitted thereupon dent holding that the prosecution had failed to establish the charge under s. 420 of the Indian Penal Code beyond all reasonable doubt He further held that the dispute between the two groups viz. the Shah family on the one hand and the Chanderia and Khimsia families on the other , to gain control over the management of Messrs Atul Drug House Limited arose in 1968 and that the appellant was falsely implicated at the instigation of shah , the other Managing Director , who was on friendly terms with Wagh , Director of Enforcement.