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2024 Supreme(SC) 742

ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Baccarose Perfumes And Beauty Products Pvt. Ltd. – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shamik Shirishbhai Sanjanwala, AOR Mr. Raheel Patel, Adv. Mr. Prabhakar Yadav, Adv. Mr. Shubhangi Agarwal, Adv. Mr. Abhishek Jamalpur, Adv.
For the Respondent(s): Mrs. Aishwarya Bhati, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mrs. Chitrangda Rastavara, Adv. Ms. Shagun Thakur, Adv. Mr. Shantanu Sharma, Adv. Mr. Rajat Nair, Adv. Ms. Rajeshwari Shankar, Adv. Ms. Swati Ghildiyal, AOR Mr. Prashant Bhagwati, Adv. Ms. Devyani Bhatt, Adv.

JUDGMENT

AUGUSTINE GEORGE MASIH, J.

1. The Appellant (hereinafter referred to as “Appellant-Company”) is assailing the Order dated 15.09.2023, wherein the High Court of Gujarat dismissed the Criminal Revision Application No. 783 of 2017 (hereinafter referred to as “CRA No. 783 of 2017”) moved under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC 1973”) against the rejection of discharge application moved by the Appellant- Company. The said application was dismissed by the learned Special Judge (CBI) at Ahmedabad (hereinafter referred to as “Special Judge”) vide Order dated 19.07.2017.

2. It is alleged by the Central Bureau of Investigation, being Respondent No. 01 (hereinafter referred to as “Respondent- Agency”), that the Appellant-Company had entered into a criminal conspiracy with Shri Yogendra Garg, Joint Development Commissioner, Kandla Special Economic Zone, Kandla (hereinafter referred to as “KASEZ”), and Shri V.N. Jahagirdar, Deputy Commissioner of Customs, KASEZ, between the period from March 2001 to August 2004. It is alleged that the latter officials perverted their official positions and allowed the Appellant-Company


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