RAJNISH KUMAR TULI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Criminal Misc. under Section 482 of the Code of Criminal Procedure has been moved for directions to the respondent to record the statement of the petitioner in pursuance of summons dated 6-6-2007 attached as Annexure P. 10 issued by the respondent under Section 108 of the Customs Act, 1962 (for short the Act).

(2.) The petitioner is required to give evidence in connection with the user of advance licences by M/s. Krishna Trading Company, M/s. Meenu Exim Private Limited, M/s. Nirmal Polyester Private Limited, and M/s. Pradeep Kumar Nirmal Kumar.

(3.) The petitioner claims that he is a proprietor of Sumit Wool Processors and is engaged in trading of imported/indigenously procuring of yarns and fabrics at Ludhiana. He is carrying on his regular business for such imports of yarn and in the course of said business, vide lawful transactions the petitioner had been either selling the said goods on High Seas or has been getting the same cleared by payment of proper custom duties after producing the Bill of Entry and other requisite documents in the course of his business, the petitioner had imported various kind of textile and sold the same on High Seas to M/s. Krishna Trading Company, M/s. Nirmal Polyester Private Limited, M/s. Meenu Exim Private Limited and M/s. Pradeep Kumar Nirmal Kumar and the deals had been fully and finally completed.