MOHIT BHATNAGAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the applicant, learned Counsel for the complainant and learned AGA.

(2.) ACCORDING to the prosecution case D.E.P.B. (Duty Entitlement Pass book) licences for importing raw materials are issued by D.G.F.T. and LCD. Custom, Government of India. Licenses issued are transferable. The informant's Company has been purchasing the aforesaid licenses for the last three years from M/s. Sai Associates. Shri Bhushan Sachdev is the owner of the said firm. In the month of August 2005 the informant's company purchased specified licenses as mentioned in the First Information Report. On verification in the month of October, 2005 it was revealed that all the licenses were forged. The Payments in respect of the licenses were made by the informant's company to Shivam Enterprises and M/s. Isha Implex, Moradabad. Shri Bhushan Sachdev informed that the aforesaid licenses were given to him by the applicant Mohit Bhatnagar.

(3.) IN the circumstances, it appears prima facie that the entire fraud was played by the applicant in collusion with some other person.