M.NATARAJAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) The subject matter of these appeal is a Luxury car manufactured by Toyoto Company at Japan in the trade name of LEXUS, sold at London and landed in India defying all the Regulations of the Importing Country. The persons involved in defying the Regulations are many, but few of them were caught in the dragnet of CBI and were prosecuted. The trial Court has held them all guilty. Hence, they are before this Court as appellants.

(2.) The role of each of the appellants as found proved by the trial court;

(3.) Based on the final report laid by the prosecution the trial Court has framed 5 charges against A1 to A4, that along with absconding accused Balakrishnan and the approver, they conspired among themselves to import luxury car in violation of Customs Regulations for fabricating and forging the import documents and misusing the Transfer of Residence Provisions for import of a passenger car. As a result of the said conspiracy they evaded import duty and cheated the Government of India to the tune of Rs. 1,06,20,471/-. In the course of the said criminal conspiracy, fraudulently and dishonestly, under Transfer of Residence Provisions based on fabricated and forged documents imported LEXUS car and thereby committed offence of forgery of valuable security, used it as genuine and cheated the Government of India to the tune of Rs. 1,06,20,471/-.