DINESH KUMAR BANGAD Vs. STATE

JUDGEMENT

(1.) This criminal revision petition under Section 397 read with 401 of the Code of Criminal Procedure (hereinafter referred to in short as 'the Code') is directed against the order dated 10.4.2010 passed by learned Special Judge (P & S) & CBI Cases, Jaipur in criminal case no. 43/08 (11/05) whereby charges framed against the revisionist for offence under Secs.420,467, 468, 471 IPC and Sec.13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 (hereinafter referred to in short as' the Act of 1988').

(2.) Briefly stated the facts of the case, in so far relevant for the purpose of disposal of this revision petition, are that the revisionist, while working in the capacity of Appraiser in ICD, jaipur during the year 1998 had entertained 44 shipping bills submitted by Delhi based firms namely M/s.Victor International Pvt. Ltd., Delhi, M/s.CMC Exims Pvt. Ltd., New Delhi, M/s.Globus Equipments Pvt. Ltd., New Delhi, for the purpose of customs clearance of the ready-made garments for export under Duty Drawback Scheme. It is alleged that he had facilitated the afore-mentioned Delhi based firms and the persons running them to claim and obtain duty drawback amount which were not due to them, thereby caused loss of revenue to the tune of Rs.6410532/-. The charge against the revisionist was that he had failed to maintain absolute integrity shown utter lack of devotion to duty and displayed a conduct unbecoming of a government servant and thereby contravened Rule 3(1) (i)(ii) and (iii) of CCS (Conduct) Rules, 1964. Alongwith the revisionist, four other custom officials were also charged with the same accusation of assessing and facilitating the above mentioned five delhi based firms in getting excess duty drawback from the government against exports through their various acts of omission and commission.

(3.) The accusations against the revisionist as also against the other custom officials were that they, in connivance with each other had allowed export of garments by the above named firms without physical verification of the goods/garments. It was alleged that fraudulant export was made/allowed by falsely showing the rags as garment and costing Rs.500/- per piece but on account of examination by DRI and SIIB, the said items were found as old and used/imported/stitched from very old and torn out sarees, the average cost of which could not be more than Rs.30/- per piece during the relevant period. Export for total value of Rs.158275642/- was made involving therein duty drawback of Rs.2,69,02,837/-, out of which Rs.64,10,532/- was actually paid to two firms against five shipping bills in respect whereof export had been completed and the goods had reached the destination.