The absence of collusion or fraud on the part of the appellant in the issue of the DEPB licences became irrelevant since the DEPB licences were found to be forged, and no credit could be derived from a forged DEPB.

( 1 ) THIS application under section 130a of the Customs Act, 1962 has been pressed for admission on the grounds that: on the facts and in the circumstances of the case the learned CEGAT having found the appellant not liable for any collusion or fraud in the issue of the DEPB scrips, it would not be liable to customs duty and the interest for alleged non-payment of the said duty though the DEPB licences have been held to be forged ones particularly when the learned CEGAT had failed to note and consider the relevant circular under which strict guidelines have been laid down for examining various factors and the tests before issuing DEPB when DEPB scrips are freely transferable and available in the market for purchase, by reason of its being verified, endorsed and signed by the Customs Authority.

( 2 ) RELYING on the judgment of the learned CEGAT in Appeal No. C/358/ 2000-NB (D) by its final Order No. A/1001/2002-NB (D)/ dated 26th September, 2002, Dr. Pal contends that there is a finding that there was no collusion on the part of the appellant. Therefore, according to him, if no fraud or collusion is found on the part of the appellant, in that event, the appellant would be entitled to the benefit of the DEPB licences/scrips. Relying on the decision in united India Insurance Company vs. Lehru, 2003 (3) SCC 338, Dr. Pal contends that it is just not possible for the appellant to verify the DEPB licences/scrips which is otherwise saleable, negotiable and available in the market and which the appellant had purchased bona fide for valuable consideration and utilized it for availing of the credit against its own import, stands in the same footing as a driving licence of the driver of the vehicle as it stood in the said case. Therefore, this is an important question of law that whether in the absence of any proof of collusion or fraud or absence of bona fide on the part of the appellant, the appellant could be deprived of the credit of the DEPB licences/scrips purchased by him bona fide for valuable consideration since found to be forged.

( 3 ) WE have heard Dr. Pal, learned Senior Counsel for the appellant, at the stage of admission. Since the question is a pure question of law, we had also heard Mr. Sibdas Banerjee, learned Senior Counsel, appearing for the respondents.

( 4 ) THE DEPB licence/scrip is admittedly a negotiable one and is available in the market. Any one can purchase it from the market and avail of the credit out of it. This was so done by the appellant. But ultimately it was found that the said DEPB licences/scrips were forged. These facts are not in dispute as we find from the finding of the learned CEGAT. The only question that has been put forward, on the basis of the finding of the facts without challenging the same, is about the effect of absence of collusion on the part of the appellant, as pointed out earlier, in relation to the availability of the credit under the forged depb scrips. But in the decision in United India Insurance (supra), the forgery related to the driving licence of the driver engaged by the insured, but the insurance policy was not found to be forged. The question would be different if the document itself, on the strength whereof credit is claimed is forged. In that event, the same cannot be equated with merely an irregularity in the licence of the driver driving the vehicle in relation to the liability of the insurer in relation to a valid insurance policy under the Motor Vehicles Act providing for compulsory insurance to secure third party interest. In this case, the document itself having been found to be forged whether there was collusion or fraud on the part of the appellant in the issue of the DEPB licences/scrips becomes absolutely immaterial and irrelevant since no credit can be derived from a forged DEPB. The credit is made available on the strength of a valid DEPB. If the DEPB is forged, then the same in non est and therefore, there is no valid DEPB. As such no cre