A K JOSHI Vs. STATE OF DELHI

JUDGEMENT

(1.) This revision challenges an order dated 15-3-2003 by which the petitioners were charged with committing offences under Sections 420 and 511 Indian Penal Code (IPC) read with Sections 468/471, read with Section 120-B and Section 12 of the Passports Act.

(2.) Briefly, the facts are that Section 111 (d) of the Customs Act, 1962, enacts that any goods, imported, or or attempted to be imported or brought within the Indian Customs Waters, contrary to any prohibition imposed under the is liable to confiscation. It was alleged that during the relevant period import of cars without valid import licence/customs clearing permit was restricted/prohibited under Clause 3(1) of Imports (Control) Order, 1955 issued under Clause 3 of Imports and Exports (Control) Act, 1947 read with Public Notices No. 21-ITC/92-97 dated 26/6/92 and Public Notice No. 197-ITC/(PN)/90-93 dated 16/8/91 issued by the Chief Controller of Imports and Exports, Central Government. These prohibitions were deemed to have been imposed under Section111 of Customs Act, 1962. According to conditions laid under Public Notice dated 16/8/91 payment for the imported car should not have been remitted from India, payment for duty of motor vehicle should be have been made in foreign exchange unless specially exempted from the public notice and the importer cames back to India for permanent settlement with declaration to that efect before Customs; he should have stayed abroad at least for two years. Another condition was that import of passenger car not exceeding 1600 cc capacity could be made for a new car, otherwise a car having capacity of 1600 CC or more should have been in use of the importer for more than a year before his return to India.

(3.) The accused petitioners were proceeded for offences against by the CBI, which investigated into allegations of forgery, fabrication of documents and cheating, besides violation of provisions of the Passports Act, in regard to import of nine Honda cars. The CBI, after carrying out investigations, filed a charge sheet, alleging that there was sufficient materials to charge Mohd. Salim Khatri (A-1), M/s Sealand (India) (A-2) and Shri A.K. Joshi (A-3).