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2016 Supreme(Del) 1253

SURESH KAIT
National Fertilisers Ltd. – Appellant
Versus
Enforcement Directorate – Respondent


Advocate Appeared:
Mr. Dinesh Mathur, Senior Advocate with Mr. Ghanshyam Joshi and Mr. Chirag Joshi, Advocates
Mr. Rajesh Manchanda and Mr. Rajat Manchanda, Advocates

JUDGMENT :

Suresh Kait, J.

1. By way of the present petitions filed under Section 482 Cr.P.C. petitioners seek directions thereby quashing of criminal complaint filed by respondent Enforcement Directorate against the petitioners. The petitioners also seek directions to quash the order dated 30.05.2002, whereby they have been summoned.

2. Since both the petitions have arisen from the impugned order dated 30.05.2002 and issues are same, therefore, these petitions are being decided by this common judgment.

3. Crl. M.C. 3003/2002 has been preferred by a Company, i.e., M/s. National Fertilizers, a Public Sector Undertaking of the Government of India (hereinafter referred to as the petitioner company), whereas Crl. M.C. 5093/2003 has been preferred by employees of above named Company.

4. It is important to note that vide orders dated 03.10.2002 and 16.12.2003 proceedings against the petitioners have been stayed by this Court.

5. The facts of the cases in brief are that petitioners company deals in fertilizers, heavy chemicals and their by-products including manufacturing and distribution and in case of necessity arises for the country, the Company was authorized to import such items from any c























































































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