2007 Supreme(All) 2210
[2007(8) ADJ 25 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : (MRS.) SAROJ BALA, J.
NARENDRA KUMAR .......Applicant
Versus
C.B.I. .......Opposite Party
(Criminal Misc. Application No. 13161 of 2007, decided on 23rd August, 2007)
Advocates:
Counsel :
V.P. Srivastava, Nitin Srivastava, Nitin Gupta for the Applicant; G.S. Hajela for the Opposite Party.
Counsel :
V.P. Srivastava, Nitin Srivastava, Nitin Gupta for the Applicant; G.S. Hajela for the Opposite Party.
Headnote:Naphtha (Acquisition, sale, storage and Prevention of use in Automobiles) Order, 2000—Clause 3(iv) and (v)—Criminal Procedure Code, 1973—Section 482—(Indian) Penal Code, 1860—Sections 120-B, 420, 467, 468 and 471—Essential Commodities Act, 1955—Section 3/7—Charge-sheet—Summoning order—Quashing of—Under conspiracy ‘Naphtha’ in year 2001 was imported on payment of custom duty—However, a large quantity of Naphtha was diverted on basis of false documents—For purpose of cheating and evasion of taxes and duties—Case was investigated by C.B.I.—Charge-sheet submitted after investigation—Contents of FIR and facts unearthed by CBI disclose commission of cognizable offence—Criminal proceedings cannot be quashed.
Application Dismissed.