ASWINI KUMAR DESAI Vs. S MUKHERJEE

JUDGEMENT

(1.) By the instant Revisional Application under Ss. 401/482 of the Code of Criminal Procedure (hereinafter referred to as Code), the Petitioner-accused, Ashwini Kumar Desai (hereinafter referred to as Petitioner), has prayed the Court for setting aside the impugned order dated 18.4.1991 passed by the Learned Metropolitan Magistrate, 10th Court at Calcutta, in Case No. C/1471 of 1981 before him, and for quashing of the proceedings itself on the grounds made out therein and in the Supplementary Affidavit subsequently filed therefor.

(2.) A Petition of Complaint was filed by the Opposite-Party No. 1 Complainant (hereinafter referred to as Complainant) on May 2, 1981 before the Chief Metropolitan Magistrate at Calcutta against the Petitioner and others alleging that the accused Hashmukh Kundalia had entered into a criminal conspiracy with the Petitioner herein and others for obtaining Import Licence in the names of bogus units for the purpose of mis-utilising them. The accused Hashmukh was the brain behind plan to float bogus units at Darbhanga for which he had taken the assistance of other accused persons and had managed finance therefore. The Petitioner, a resident of Calcutta, was known to the accused Hashmukh who had deployed the accused Mahendra Amritlal Kamdar of Bombay for operating in different names for their units at Darbhanga and other places. As a result of the said criminal conspiracy amongst the accused persons, two bogus units under the name and style M/s. Indian Exports IndustriesT and MIs. Industrial Electro Engineers had been set up at Darbhaga. The accused Mahendra was deputed to operate those units as proprietors in the fictitious names of Mahes Saha and Girish Seth respectively. The accused Mahendra had signed the Import Applications as proprietor of the said units and had entered into several correspondences with the office of the Complainant. The office of the Complainant had thereupon granted eight Import Licences and three Release Orders under Actual Users Categories on condition that the goods to be imported should be utilised in the factory of the Licence Holders, and shall not be used for any other purpose. S.S.I. Registration and Import Licence Applications were filed therefor under the signature of the accused Mahendra therefor as Girish Seth, who had also entered into several correspondences with the office of the Complainant. Six Import Licences and three Release Orders were also granted by the Office of the Complainant to the accused Mahendra on the application under the name of Girish Seth, Proprietor of T1lndustrial Electro Engineers.

(3.) The accused Hashmukh had thereafter written a letter on 7.7. 1993 giving the break-up value of the canalized items in his own hand addressed to the office of the Complainant for the units of M/S. Industrial Electro Engineers. The goods so received on the authority of the accused Mahendra were never brought to the Darbhanga, nor utilised for the purpose for which the same had been granted. Both the said units were bogus, which were not in existence. No such unit had either been set up. Nor, were the machineries purchased installed at the site of the factory given the application, as the same had never come into existence at all, as undertaken by the accused persons. It had further been alleged (in the Petition of Complainant) that the accused Mahendra had authorised the Petitioner to operate as a representative of M/s. Indian Exports Industries in Banks and in other Offices, which he did. The accused Mahendra had also stayed with the Petitioner in the same Hotel at Darbhanga and other places during the relevant point of time. Incriminating documents were also recovered from the house of the accused Hashmukh relating to cancellation of journey of the accused Mahendra. Neither any electrical connection, nor any Municipal Trade Licence had either been obtained by anybody in respect of those Units at Darbhanga. The Petitioner had sent his Letter-Head, which had been used for placing orders for the machineries placed by the accused Mahendra on behalf of "M/s. Industrial Electro Engineers and MIs. Indian Exports Industries with his (Petitioners) firm.