RAJEEV AGGARWAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) FIR No. 640/05 dated 16.7.2005 under Section 406/420/120 IPC P.S. Okhla Industrial Area has been registered on the basis of a complaint made by Pradeep Kumar Garg who informed the police that he and his partners have been cheated by M/s Don -Capco Afro Asia Limited, a Nigeria based company of which the petitioner and one Manish Gupta were Directors. It was informed to the police that M/s PGR Overseas, a partnership firm of which the complainant was a partner was in the business of import and export. In course of business he met the petitioner in the first week of March,2004 who introduced himself as a Director of M/s M/s Don -Capco Afro Asia Limited. Negotiations were held for import of aluminium ingots from Nigeria. After discussions with the petitioner the deal was finalised. First consignment of aluminium ingots weighing 49 tons were received. Further order for import of 300 tons of aluminium ingots was placed. That M/s Don -Capco Afro Asia Limited informed the partnership firm that under 12 invoices requisite goods were shipped from Nigeria. Save and except 2 invoices, it was informed that goods pertaining to 10 invoices were handed over to the shipper M/s CMA CGM. It was informed that the consignment pertaining to 2 invoices was handed over to another shipper M/s Specific International Lines (PTE) Ltd. That based on the bill of lading and other documents of export, payment in sum of Rs. 1.25 crores was released. That when containers reached ICD Tuglakabad and the complainant went to take delivery and on delivery of some containers being taken it was revealed that the containers were virtually empty.

(2.) INVESTIGATION revealed that the containers were sealed by M/s Don -Capco Afro Asia Limited in Nigeria before being handed over to the shipper. That the seals were intact when the goods reached India and also till some of the containers were handed over to the importer. The shipping documents, inter alia, record a disclaimer of the shipper relating to packaging and sealing. The Clause reads as under:

(3.) FURTHER , as authorised signatory of M/s Don -Capco Afro Asia Limited, petitioner signed certificates of origin certifying that the material supplied through 12 bills of lading was of Nigerian origin.