ASHOK KUMAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has prayed for quashing of the criminal proceedings of Special Case No. 1 of 2004 arising out of Crime No. RC-7/E/96-Calcutta, dated Aug. 1, 1996 under Sec. 120B read with Sec. 420/511/468/471 of the Indian Penal Code and under Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 by filing this revision under Sec. 482 of the Code of Criminal Procedure.

(2.) The petitioner was working as Examining Officer, Customs House, Calcutta when the Central Bureau of Investigation initiated criminal proceeding against the petitioner and other co-accused persons. The Superintendent of Police, CBI, EOW, Calcutta registered FIR being Crime No. RC-7/E/96-Calcutta, dated Aug. 1, 1996 on the basis of reliable information which is as follows : One Pramod Kumar Kishorepuria promoted M/s. Annapurna Yarn Fabrics and M/s. Blumenfeld Ltd. for indulging in evasion of customs duty by making false import/export documents supported with false certification issued by the officials of Customs, Calcutta and Silk Board, Bhagalpur by adopting dubious methods. On Feb. 17, 1995 Pramod Kumar Kishorepuria obtained quantity based advance Licence No. P/K/02283861/C, dated Feb. 17, 1995 from the office of Joint Director General of Foreign Trade, Calcutta for import of 21,000 kgs. of duty free 100% Mulberry Raw Silk with Cost Insurance and Freight (CIF) value of Rs. 1,53,73,815.00. The licensee was under the obligation to export 17,500 kgs. of 100% Mulberry Raw Silk made-ups other than dupion yarn at F.O.B. value of Rs. 2,07,54,650.00. He had also applied for another licence for similar items under advance licence File No. 02/79/040/0020/AM/96, dated April 20, 1995 for import of Mulberry Raw Silk for Rs. 82,36,176/- in favour of M/s. Blumenfeld Ltd.

(3.) On April 18, 1995 Pramod Kumar Kishorepuria and other associates of M/s. Blumenfeld Ltd. applied for a quantum based advance licence under licence File No. 2/79/040/00013/AM/96, dated April 18, 1995 for duty free import of 52,440 kgs. of 100% Mulberry Raw Silk other than dupion yarn for CIF value of Rs. 3,71,14,351.00 with proposed export obligation of 43,700 kgs. of 100% Mulberry Raw Silk made-ups other than dupion yarn at F.O.B value of Rs. 5,01,71,875.00. Having entitled to import 21,000 kgs. of 100% Mulberry Raw Silk by M/s. Annapurna Yarn Fabrics, Shri Kishorepuria had imported 13,000 kgs. of Mulberry Raw Silk duly cleared by Customs Authority of Calcutta. Shri Kishorepuria and others of the above two firms in collusion with the present petitioner and one B.D. Biswal, Examining Officer of EIB, one K.C. Ganapati, Preventive Officer of Calcutta Customs and one P.K. Kapoor, Inspector, Central Silk Board stuffed cotton blankets and old silk clothes made into scarves for exporting in the containers which were taken from M/s. Shaw Wallace and Co., Kolkata on April 28, 1995 and April 29, 1995, although the above named officials had given authenticity of the contents of the containers on April 27, 1995. The Shipping Bills filed by Pramod Kumar Kishorepuria indicates that the same were prepared ahead of actual packing and certification in collusion with the above officials.