SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(AP) 1221

Andhra Pradesh High Court
Judges : B.S.A.SWAMY
P.S.Prasad - Appellant
Versus
State OF A.P. - Respondent
Decided On : 12-09-97

Headnote:

Indian Penal Code,1860 - Section 420 – Criminal Procedure Code,1973 - Section 482 – Cheating - Attempting to cheating – Conviction - Rival contentions - Harassment and humiliation - Application filed to cheating and forgery under Sections 417,468,471 and 420 r/w 511 - Seeking customs clearance certificate petitioner herein and paid-up capital of company was invested by him and his wife in equal shares and there is no other share holder or partner in this company - On company filed an application before Director General of Imports and Exports New Delhi seeking customs clearance certificate to import pieces of used auto diesel engines from Singapore and Japan on basis of liberalized policy of Government of India by stating that these engines will be used to provide transport facility tribal people in agency area of Andhra Pradesh etc - While paying process fee company categorically stated that no assistance or help from Government of Andhra Pradesh will be sought as their N. RI. Director petitioner who is having citizenship of U. S. A. would provide funds to purchase those engines - Held, Courts and claimed engines as a donar of them for redressal of his grievance and as per dire Branch at Madras held that the petitioner is entitled to seek clearance goods as owner of this Court Customs Excise and Gold (Control) Appellate Tribunal, South Re under provisions of above act as he happened to be donar and donee could not clear goods by paying of duty and abandoned them - Pursuant to those orders Collector Customs released the goods in favor of petitioner by collecting redemption fine and personal penalty and State made a feeble attempt to see that engines are not delivered to petitioner by filing Writ Petition on file of this Court and this Court by order held that orders of Appellate Tribunal as well as Collector Customs in releasing the goods are quite in order - In fact request of respondents to give a direction to Collector Customs not to release the goods was positively rejected by this Court – Order Accordingly

B. S. A. SWAMY, J.

( 1 ) THIS is an application filed under Section 482 Cr. P. C. to call for the records in Crime No. 36/94 on the file of the State of Andhra Pradesh represented by the Senior Executive Officer, C. I. D. , Hyderabad and quash the same as illegal and arbitrary as the same resulted in humiliation and undue harassment to the petitioner,

( 2 ) THE facts leading to the filing of this petition are that the Director (Vigilance and Enforcement), Hyderabad addressed a letter to the Director General (Vande) and Ex-Officio Principal Secretary to Government, G. A. D, (Vande) Department, Hyderabad, requesting him to register a case of attempting to cheating and forgery under Sections 417,468,471 and 420 r/w 511 I. P. C. against the petitioner. The sum and substance of the above letter is that M/s. Goldstone Exports (P) Limited established in April 92 is owned by one Mr. Sashi Kumar S/o Sri L. J. Victor, a police officer and brother-in-law of the petitioner herein and the paid-up capital of the company was invested by him and his wife in equal shares and there is no other share holder or partner in this company. On 12-08-92 the company filed an application before the Director General of Imports and Exports, New Delhi seeking customs clearance certificate to import 1000 pieces of used auto diesel engines from Singapore and Japan on the basis of liberalised policy of the Government of India by stating that these engines will be used to provide transport facility (o tribal people in agency area of Andhra Pradesh etc. While paying the process fee, the company categorically stated that no assistance or help from the Government of Andhra Pradesh will be sought as their N. RI. Director i. e. , the petitioner who is having the citizenship of U. S. A. would provide funds to purchase Those engines. In another letter dated 03-09-1992, the company stated that it will start its own workshop to generate employment in Andhra Pradesh for reconditioning and assembling of diesel engines. In another letter dated 3-10-1992, it stated that the company would like to provide mass transport to handicapped people in Andhra Pradesh without giving the details of the project. In another letter they started saying that they will donate the engines to Industrial Training Institutes in Andhra Pradesh to help the Government in their efforts to provide technical skills to the unemployed youth. As the Government of Andhra Pradesh did not certify the end-use (life) of the goods to be imported, the application of M/s Goldstone Exports (P) Limited was rejected on 29-01-1993 by the Special Licensing Authority by which time the petitioner seemed to have purchased the engines in Singapore and Japan. In those circumstances, the petitioner was looking for an alternative to get the goods (engines) to India and on the advise of some government officials, he approached Sri Khader Ali Khan, the then Managing Director, SETWIN, who in turn seemed to have recommended the application of the Company to the Director General of Imports and Exports, New Delhi stating that the goods would be used by SETWIN for the purpose of imparting training. Mr. R. Prabhakar Rao, Special Commissioner to Government of Andhra Pradesh at New Delhi, also seemed to have certified that SETWIN is a Society promoted by the Government of Andhra Pradesh. On the basis of these two letters, the licencing authority granted licence in the name of SETWIN to import 1000 pieces of used auto diesel engines on 16-03-1993 and the same was delivered to one Mr, Chunnilal working as driver in A. P. Bhawan, New Delhi, at the instance of the petitioner instead of sending it to M. D. , SETWIN or his nominee, with proper authorisation. Having taken the licence, the petitioner shipped 368 diesel engines in the name of SETWIN and they arrived at Vizag port in June, 1993, by which time there is a change in the post of M. D. SETWIN and one Khaja Mohiuddin took over the charge as M. D. , SETWIN. After some correspondence w


























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top