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2012 Supreme(Bom) 1624

A.P.LAVANDE, U.V.BAKRE
Atchut Mucund Alornekar – Appellant
Versus
Central Bureau of Investigation/Anti Corruption Bureau – Respondent


Advocates appeared:
For the Petitioners:S.D. Lotlikar, Senior Advocate with H. Kankonkar, Advocate.
For the Respondent: Ejaj Khan, Special Public Prosecutor.

Judgment :-

U.V. Bakre, J.

Rule. By consent heard forthwith.

2. By this petition filed under section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution of India, the petitioners have prayed to quash and set aside all proceedings in Criminal Case No. 2/S/2012/B pending before the Court of Judicial Magistrate, First Class at Vasco-da-Gama (Goa) along with the F.I.R. registered on 25/04/2008 by the CBI(ACB), Goa.

3. F.I.R. dated 25/4/2008 was lodged by Shri S. S. Harwalkar, the superintendent of Police, CBI/ACB/Goa. It was alleged that during the period from 2005 to 2006, M/s. Adani Exports Ltd, Ahmedabad imported two consignments of Naphtha and one Consignment of Fuel Oil at Goa Port. The petitioners and others named in the F.I.R. illegally allowed the warehousing of the said consignments in the private Bonded Tank of M/s. Ganesh Benzoplast Ltd., Mormugao, after expiry of licence No. 2/05 on 31/12/2005 and without permission of Assistant Commissioner of Customs. They did not furnish mandatory joint duty bond, Debit Note, and Invoices of High-Sea Sales for sale of said Naphtha and Furnace Oil to various Indian firms. Thereby, the said Custom Officials and p
















































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