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2015 (8) TMI 436 - SC - CustomsCriminal misconduct by public officer Forged shipping bills Accused nos. 1-3 filed Shipping Bills and said documents were assessed by respondent No. 1 and after such assessment goods were examined by respondent No. 2 Accused No. 1 produced different sets of forged shipping bills by adding digit before total quantity of shipment thereby inflating value of shipment and fraudulently claimed duty drawback Said forged documents were endorsed by respondents High Court vide impugned order held that no case made out against respondents Held that:- documents placed on record which were part of charge sheet, certainly raise grave suspicion against respondents and Special Court was right in framing charges against respondents High Court was not justified in stating that Section 15 of Prevention of Corruption Act, 1988 could not be invoked Since duty drawback was not actually availed, prosecution had rightly alleged that there was attempt to commit offence under relevant clauses of Section 13(1) of POC Act Therefore, order of high court set aside Decided in favour of Appellant.
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