U.DURGA PRASAD RAO
Anil Kumar Aggarwal – Appellant
Versus
State of Andhra Pradesh, Rep. By its Public Prosecutor – Respondent
1. This petition is filed under Section 482 Cr.P.C by the petitioner/A4 seeking to quash the proceedings against him in C.C.No.29 of 2006 on the file of Special Judge for CBI cases, Visakhapatnam.
2. The Inspector of Police, CBI, SPE, Visakhapatnam filed charge sheet against A1 to A5 for the offences under Sections 120B, 420, 468, 471 IPC and under Section 13(2) r/w 13(1)(d)(ii) of Prevention of Corruption Act, 1988.
(a) A1 to A3 are the officials of Customs Department. A4Anil Kumar Aggarwal is the Managing Director and A5 is the Director of M/s.Kumars Cotex Limited (M/s.KCL). A4 and A5 were engaged in manufacture and clearance of cotton yarn and cotton waste having their factory at Dokiparu in Guntur District.
(b) A4Company imported six numbers of autoconers (capital goods) during the year 1996 valuing Rs.5,91,84,990/- availing 100% Customs Duty Waiver facility as per Notification No.13/81-Customs. While so, on 05.02.2002 it made an application to the Development Commissioner, Visakhapatnam Export Processing Zone, Visakhapatnam seeking permission to destroy two autoconers out of six, stating that the said two autoconers were burnt due to short circuit and not serviceable. Acco
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