AVINASH TANTIA Vs. STATE OF RAJ

JUDGEMENT

(1.) This misc. petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing of the FIR No. 280/2010 registered at Police Station, Ajitgarh for the offence under Sections 420, 467, 468, 471, 406 and 120-B IPC and for quashing of the subsequent proceedings pending before the Additional Chief Judicial Magistrate No. 2 Shri Madhopur District Sikar in respect of FIR No. 280/2010 and further direct that no further investigation shall be carried out qua the petitioners in the impugned FIR. Brief facts of the case are that an FIR No. 280/2010 was registered at Police Station Ajitgarh in which it was stated that M/s. Agribiotech Industries Pvt. Ltd. moved a written application in the office of Excise Inspector, Neem Ka Thana stating that M/s. Premier Distilleries Pvt. Ltd. Puducheri has placed an order for supply of 40000 ltrs. extra neutral alcohol and in support thereof it had produced a "No objection Certificate" of Deputy Commissioner (Excise) Puducheri dated 3.11.2010. According to this No Objection Certificate 40,000 Ltrs. Extra neutral alcohol was permitted to be exported. On the basis of aforesaid imported permit the District Excise Officer Sikar has issued import permits SKR 016490 dated 22.11.2010 and SKR 016491 dated 22.11.2010. Thereafter on the basis of the aforesaid import permit transportation permit No. SKR 012791 dated 22.11.2010 and SKR 012792 dated 22.11.2010 were issued. On the basis of these export and transport permits in two tankers 20,000 ltrs. each extra neutral alcohol (total 40,000 ltrs.) were loaded for onwards delivery to M/s. Premier Distilleries Pvt. Ltd. RS No. 62/08 Madukarai Road Manglam, Village Villianur Commune Puducherry. Thereafter the Deputy Commissioner Puducherry has informed to the Excise authorities that the alleged aforesaid "No Objection Certificate" was not issued by his office and the same is forged. In this manner the accused persons deceived to the department and obtained the export permits and transportation permits.

(2.) It may be mentioned that the petitioners Avinash Tantia and Vinay Jhunjhunwala, who are petitioners 1 and 2 in this misc. petition filed S.B. Cr. Misc. bail Application No. 4166 of 2011 on 4.5.2011 after rejection of anticipatory bail by the Addl. Sessions Judge (Fast Track) No. 2, Sikar, Headquarter Srimadhopur vide order dated 17.1.2011. This Court vide order dated 24.5.2011 rejected he bail application under Section 438 Cr.P.C. and they have been directed to surrender before the Court below.

(3.) It is stated in the petition that on 21.12.2010 the Asstt. Excise Officer and Officer in charge of the company M/s. Agribiotech Industries Ltd. lodged a complaint against the company with the Excise Inspector Neem ka Thana for violation of Section 18 and 54(d) and 54(e) of the Rajasthan Excise Act, 1950 and rules made thereunder. On 22.12.2010 the Rajasthan Police started separate case vide FIR No. 280 of 2010 as mentioned above. On 22.10.2010 the Excise authorities issued demand notice on the Company M/s. Agribiotech Industries for depositing a sum of Rs. 1,14,24,000/-. On 23.12.2010 the company deposited the said demanded amount of Rs. 1,12,24,000/- under protest. On 21.12.2010 the employees of the company were arrested under the Excise FIR. Meanwhile while they were in custody they were arrested in the case filed by the State being FIR No. 280 of 2010. M/s. Agribiotech Industries on 4.1.2011 also lodged FIR and it is stated that the petitioners are not aware about the stage of the investigation in the said FIR of the company. It is further stated that during the course of trial of the accused employees of M/s. Agribiotech Industries Ltd. in Police FIR No. 280 of 2010 it has been clearly admitted in the statements made by the complainant that no case is made out against the petitioners, who are independent directors of the company.