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TMI Blog2012 (3) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... seals of various enterprises were found. The material on record prima facie shows involvement of the petitioners in the offence alleged against them. Denying the chance of a trial to the prosecution will be against the spirit of law – Petition dismissed. - CRL.M.C. 2638/2008, CRL.M.C. 3393/2008, CRL.M.C. 106/2009 - - - Dated:- 24-2-2012 - MR. JUSTICE M.L. MEHTA, J. For Respondent: Mr.Satish Aggarwala, Advocate. M.L. MEHTA, J. 1. Vide this common order Crl. M.C. No. 2638 /08, 106/09 and 3393/08 being connected matters, are being disposed of. The petitions are preferred under Section 482 Cr. P.C. for quashing of the Complaint no. 138/2/2007 titled Shri B.K. Thapliyal v. Rajeev Verma Ors, qua the petitioners and summoning or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cases, the Bills of Lading have been shown issued three/four months after the date of shipment so as to make the documents negotiable in the Bank under Article 23(ii) and Article 24(ii) of ICC Uniform Customs and Practice for Documentary Credits. Thus, it is alleged that the petitioners have actively connived with M/s Lindt. Exports and M/s High Tech Engineers in manipulating the export date on the documents and getting them negotiated in the Bank, which would have otherwise not been entertained by the Bank. The actions of the petitioners enabled M/s Lindt. Exports and M/s High Tech to negotiate the documents for remittances and claim drawback deceitfully. 4. A show cause notice was issued under the Act to all the accused persons which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint regarding the availing of drawback by the prime accused persons. 7. I have the learned counsels for the petitioners and the department and perused the entire record. 8. The powers possessed by this Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principle. The inherent power should not be exercised to stifle a legitimate prosecution. This Court should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the court and the issues involved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disclosed and there is no material to show that the complaint is mala fide, frivolous or vexatious, in that event there would be no justification for interference by this Court. 10. It is also trite that when a party approaches this Court for quashing of complaint and summoning order, it is not required to embark upon the sifting of the entire evidence and judge whether the accused is guilty or not. Only consideration at that stage before this Court should be whether there is prima facie indication of involvement of the accused in the case alleged or not. In Zandu Pharmaceutical Works Ltd.v Mohd. Sharaful Haque [(2005) 1 SCC 122], the Supreme Court held, High Court should not assume the role of a trial court and embark upon an enquiry as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce provided by them to the accused no. 1 and 2 cannot be accepted by any stretch of imagination. On the bare reading of the complaint, it can be seen that there is clear and unequivocal allegation of the various acts committed by the petitioners such as manipulation of the date of export and date on the Bills of Lading of the goods exported, which enabled the accused persons to claim remittance. Para 56 of the complaint clearly states the allegations against the petitioners and the roles attributed to them. Hence, this contention of the petitioners stands refuted. 13. The department has recorded statements of many witnesses and a search was conducted at the official premises of the accused where various incriminating documents and false ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is aspect of the matter. 15. From the facts and circumstances of the case and perusal of the record, it cannot be said that this is a case where the Magistrate has not applied his mind on the material before him and passed a mechanical order. The material on record prima facie shows involvement of the petitioners in the offence alleged against them. Quashing the complaint and summoning order at such a preliminary stage will not serve ends of justice. The petitioners will have ample opportunity to prove their case before the trial Court. Denying the chance of a trial to the prosecution will be against the spirit of law. 16. In view of the above discussion, the petitions being without any merit are dismissed. - - TaxTMI - TMITax - C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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