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TMI Blog2024 (9) TMI 1243X X X X Extracts X X X X X X X X Extracts X X X X ..... benefits to its customers. As regards the allegation regarding the payment of Rs.58,000/-, the case is that accused no.1- Mehul Jhaveri paid the said amount to another accused, Chandubhai Kalal. The charge sheet contains no allegation against the respondent to connect him with the payment. The allegations of being part of a criminal conspiracy are made against the respondent. As regards payment of illegal gratification of Rs.3,50,000/- and Rs.1,50,000/- respectively paid to Anand Singh Mall, in the charge sheet, the allegation against the respondent is that the respondent in conspiracy with Mehul Jhaveri abetted the offence of bribery and arranged for payment of illegal gratification of Rs.3,50,000/- to Anand Singh Mall at Delhi through on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the respondent. Appeal dismissed. - Abhay S. Oka And Ujjal Bhuyan , JJ. For the Appellant : Mrs. Aishwariya Bhati, A.S.G. Mr. Mukesh Kumar Maroria, AOR Ms. Aakansha Kaul, Adv. Mr. Rajan Kumar Chaurasia, Adv. Mr. Mohd. Akhil, Adv. Mr. Sanjay Kumar Tyagi, Adv. Mr. Abhijit Pandove , Adv For the Respondent : Mr. Sandeep Sudhakar Deshmukh, AOR Mr. Nishant Sharma, Adv. Mr. Patil Avi Vilas , Adv JUDGMENT ABHAY S. OKA , J. FACTUAL ASPECT 1. The respondent no.1-accused no.5 (referred hereinafter as the respondent ), along with five other accused, was sought to be prosecuted for the offences punishable under Section 120 B of the Indian Penal Code (for short, the IPC ) and Sections 7,12 and 13(2) read with Section 13(1)(d) of the Prevention of Cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfined to Mehul Jhaveri, Chandubhai Kalal and Tushar Vaghela. 4. Another allegation in the charge sheet pertains to the payment of illegal gratification to one Anand Singh Mall, posted as an Assistant Commissioner, Air Cargo at Ahmedabad from 8th December 2009 till 1st March 2011. The said Anand Singh Mall was looking after the export, import and refund work. It was his duty to sanction Special Additional Duty (SAD) refund claims and to make payment thereof. The allegation in the charge sheet is regarding the payment of Rs.3,50,000/- to Anand Singh Mall. The allegation is that Anand Singh Mall required a sum of Rs.3,50,000/- to be paid in Delhi. The case is that one R.C. Pagaria, in charge of the company in Delhi, received the sum of Rs.5, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... analyse factual aspects. After the order of remand, by the impugned order dated 14th February 2020, the High Court has again passed an order of discharge. SUBMISSIONS 7. The Learned Additional Solicitor General has taken us through the relevant parts of the charge sheet and the impugned judgment. Her submission is that, at the time of framing of charge, the Court is not expected to examine and assess the material placed before it in detail. It must examine the material only to ascertain whether a prima facie case of commission of offences alleged has been made out against the accused. She submitted that the main allegation in the charge sheet against the respondent was of involvement in the conspiracy. When the amounts of Rs.3,50,000/- and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t payment of illegal gratification of Rs.58,000/-, Rs.3,50,000/- and Rs.1,50,000/- respectively, on behalf of the said company to officials of the customs department to procure benefits to its customers. As regards the allegation regarding the payment of Rs.58,000/-, the case is that accused no.1- Mehul Jhaveri paid the said amount to another accused, Chandubhai Kalal. The charge sheet contains no allegation against the respondent to connect him with the payment. The allegations of being part of a criminal conspiracy are made against the respondent. As regards payment of illegal gratification of Rs.3,50,000/- and Rs.1,50,000/- respectively paid to Anand Singh Mall, in the charge sheet, the allegation against the respondent is that the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he word Parking in the conversations pertains to delivery of money. 11. Regarding payment of Rs.1,50,000/-, the allegation is that Mehul Jhaveri informed Dushyant Mulani that he had sent a sum of Rs.1,50,000/- to the respondent to be handed over to the said Anand Singh Mall. The prosecution is relying upon entries made by Mehul Jhaveri in his diary. The entry dated 29th July 2010 shows that the respondent's name is at the top of the page. It is recorded that A Mall ad-hoc as per the list attached show to DM Rs.3,50,000/- . It must be noted here that in the reply submitted by the appellant to the application for discharge, it is stated that the letters DM stand for Dushant Bhai Mulani and not Dilip Mulani (respondent) 12. Regarding payme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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