D K RASTOGI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in these proceedings under Section 482 Criminal Procedure Code (Cr.P.C.) claims quashing of a criminal complaint filed by the respondent, Chief Enforcement Officer, alleging commission of offences under Sections 56 of Foreign Exchange Regulation Act, 1973 (hereafter "FERA") read with Sub-section 3 & 4 of Section 49 of the Foreign Exchange Management Act, 1999.

(2.) The facts necessary to decide the petitions are that M/s. Kudos Exports Pvt. Ltd. (KEPL) had imported worthless material claiming to be computer software from M/s. Ganton Limited, London, of Abhishek Verma arrayed as accused No. 5. The consignment was imported through 13 invoices, of which ten were dated 12.4.1996 and three, dated 25.7.1995; the amounts towards the ten consignments were remitted through Bank of Rajasthan, South Extension., New Delhi. The rest were remitted through Union Bank of India, Yusuf Sarai, New Delhi. A total sum of US$ 17,74,000/- were remitted to the account maintained by M/s. Ganton Limited, London in Swiss Banking Corporation Zurich, from the accounts of KEPL.

(3.) The documents were forwarded by banks alongwith the copies of Bill of Entry of Warehousing, whereas the Bill of Entries for home consumption were not filed. Samples were drawn from the office of the Customs STPI, Noida from the stock of Autocad and representatives of M/s. Hindustan Office Product Limited, (one of the authorized distributors of USA based company M/s. Auto Desk) as an experts were consulted. The goods were inspected; it was alleged that Accused No. 1 i.e. M/s. Kudos Exports Pvt. Ltd. had imported pirated software for an exorbitant price.