CENTRAL BUREAU OF INVESTIGATION Vs. DILIP MULANI

JUDGEMENT

(1.) The respondent no.1-accused no.5 (referred hereinafter as "the respondent"), along with five other accused, was sought to be prosecuted for the offences punishable under Sec. 120 B of the Indian Penal Code (for short, 'the IPC') and Ss. 7,12 and 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act'). By the impugned judgment, the High Court proceeded to discharge the respondent by setting aside the order of the learned Special Judge.

(2.) It is alleged in the chargesheet that one Mehul Jhaveriaccused no.1 was the authorised signatory of M/s Khimji Poonja Freight Forwarders Pvt. Ltd. (for short, 'the company'). The company was functioning as a Customs House Agent in Mumbai. Acting in criminal conspiracy with one Chandubhai Kalal-accused no.2, the then Superintendent of Customs at Ahmedabad, along with one Tushar Vaghela-accused no.3, who was the export executive of the said company, Mehul Jhaveri, paid a sum of Rs.58,000.00 to accused Chandubhai Kalal for clearing refund claim of Rs.46,87,000.00 of the Company's clients. Money was paid to Chandubhai Kalal by Mehul Jhaveri through Tushar Vaghela on 19/7/2010 in consideration of clearing three pending refund cases of the company's clients.

(3.) The allegation is that the respondent was the Managing Director of the company since 1998-99, and accused no.6- Dushyant Mulani was one of the Directors of the company. The allegation is that accused no.1-Mehul Jhaveri was the company's regional head looking after CFIA work. Accused no.3-Tushar Vaghela, was working under the said Mehul Jhaveri. It is alleged that the amount of Rs.58,000.00 represents 1.25% of the total refund cleared by accused Chandubhai Kalal. The allegation regarding the payment/acceptance of a bribe of Rs.58,000.00 is confined to Mehul Jhaveri, Chandubhai Kalal and Tushar Vaghela.