GEORGE VARGHESE Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The present petitioner, who is accused No.1 in Special C.C.No.72/2007, pending in the Court of the XLVI Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore (CCC-47), (hereinafter for brevity referred to as "the Special Court"), for the offences punishable under Sec. 120B read with Ss. 420, 467, 468 and 471 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "the IPC ") and under Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988, (hereinafter for brevity referred to as "the Prevention of Corruption Act ") has filed this revision petition, challenging the rejection of his application filed under Sec. 227 of the Code of Criminal Procedure, 1973, (hereinafter for brevity referred to as "the Cr.P.C ."), by the Special Court, vide its order dtd. 9/11/2012.

(2.) The Police Inspector, CBI/SPE, Bangalore, filed charge sheet against few accused persons including the present petitioner (accused No.1) for the alleged offences mentioned above.

(3.) The summary of the case of the prosecution before the Special Court is that, the present petitioner, who is accused No.1, was the Superintendent of Customs, EOU-IV A Range, Department of Customs, Bangalore, from the date 5/6/2002 to the date 3/2/2003. The accused No.2 - Sri. D.A. Ganesh was working under him as Inspector of Customs from the date 1/1/2003. They had a duty and responsibility to ensure the bonding of the imported raw materials and examining the exports by 100% Export Oriented Unit coming under their Range. Accused No.4 - M/s. Amisha International represented by Accused No.3 - Sri.D.K. Jain, was one of the 100% Export Oriented Units coming under the EOU-IV Range. The accused No.4 - M/s. Amisha International used to import Raw Mulberry Silk Yarn from China at Chennai Sea Port, without paying customs duty. As per the EOU Scheme, this Company had to export the imported Raw Mulberry Silk Yarn by processing the same into finished goods, i.e. Powder Grade Silk yarn to meet the export obligations.