ASHOK ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of Criminal Misc. No. 8854-M of 1994 and Criminal Misc. No. 8855-M of 1994, as the common questions of law and facts are involved in these petitions. However, the facts are being taken from Criminal Misc. No. 8854-M of 1994.

(2.) The CBI through Shri J.K. Tayade, DSP recorded FIR No. 14/SCB/93 dated 29.5.1993 against the petitioner and five others to the effect that 155.04p tonnes of Polysters Filamine Yarn and 120-9775 tonnes of Polysters Fibre were imported by M/s. Jasmine Imports against advance Licences mentioned in the FIR, which were issued subject to the condition that the importer would manufacture readymade garments and export its end products within six months from the date of first consignment, but the importer sold the stock in local market without fulfilling the export obligation. It is further noted that the firm was a dummy firm, which was floated and financed by the accused persons.

(3.) Learned counsel for the petitioner raised the following contentions :