Inderjit Singh vs Union of India and ors.

G.S. Chahal, J.

Inderjit Singh, petitioner has come to this Court in this Criminal Miscellaneous under section 482, Code of Criminal Procedure, read with Article 227 of the Constitution of India for quashing of the complaint dated 1711989, Annexure P.1.

The complaint had been brought by the State, represented through Sh. L. M. Lakra, Deputy Chief Controller of Imports and Exports, New Delhi against the petitioner and 8 others, for offences u/s 120, Indian Penal Code, read with sections 420, 468, 471 and section 5 of the Imports and Exports (Control) Act and under section 5(2), read with 5(1)(d) of the PC Act, 1947.

The subject of the charge complained of is the entering into of a criminal conspiracy by the accused persons for obtaining import licences against nonexistent/bogus firms by submitting false documents and utilising false certificates. The main allegation against the petitioner1 is that he was the brain behind floating of bogus firms by making accused1 to 6 as their proprietors aid getting licences issued and material imported against those licences. He had approached various LA holders, brokers and clearing agents at Bombay for getting the material imported. Some of the specific allegations against petitioner1 may be reproduced from the impugned complaint as under :

That Sh. Jaswinder Singh (A6) signed the import application and connected documents as Prop. of M/s Him Toys Co, and also enclosed with the import application forged photocopy of payments for the import of material against the import licence of M/s Himachal Agro Industries, to Shri Ram Singh Goel, Partner M/s Shri Kundan Udyog, Bombay. The payment for import materialpertaining to M/s Grow More Industrial Corporation was also made to Shri Goel alongwith the payment of Himachal Agro Industries.

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That S/Shri Inderjeet Singh (9A) and Om Parkash (A1) had approached Om Prakash Prop. M/s Om Parkash Seth and Sons, Bombay, a Broker, with said import licence of Grow More Industrial Corporation, M/s. Himachal Agro Industries and M/s Bedi Steel Industries which were obtained on the strength of false forged documents and false consumption certificates issued by (A7) and (A9) and arranged the appointment of said LA for importing the material against the import licence.

... .. ..

That out of 9 import licences of total value of Rs. 59,12,000/ the 6 import licences of the total value of about Rs. 45 lacs granted to M/s Grow More Industrial Corporation, M/s Himachal Agra Industries and Bedi Steel Industries, two in each case, were utilised through two brokers namely S/Sh. R.L. Narang of Delhi and Om Prakash Seth of Bombay by 9 LA holders. These 6 import licences were given to these 9 LA holders by S/Shri Om Parkash (A1) and Inderjit Singh (A9) and the payments to the LA holders were further made jointly by Shri Inderjit (A7) and Shri Om Parkash (A1). The delivery of material after importation was taken by Shri Om Prakash on the basis of the Darshan Lal (A2) and Jagraj Singh (A3). Shri Inderjeet Singh (A9) was also present in Bombay when these persons took the delivery of the consignments. All the 9 LA holders delivered the goods to the licensees or their representatives.

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(IX). That the above facts reveal that the accused S/Sh. Om Parkash (A1), Darshan Lal (A1), Jagraj Singh (A3), Parkash Kumar (A4), K. K. Rana (A5), Singh (Ao), Inderjeet Singh (A9) dishonestly and fraudulently obtained 9 import licences valuing Rs. 59,12,000/ against nonexistent/bogus firms by submitting false declaration and utilisation certificates issued by Shri S.M. Katwal (A7) and S.P.S Rana (A8) in conspiracy with above accused persons. The above accused persons disposed of material imported against 6 licences out of 9 in the open market and did not utilise the same for their own use and thereby committed offences punishable u/s 120B, IPC, r/w 420, IPC, 468 IPC, 471, IPC and sec. 5 of Import & Export (Control) Act, 1947. S/Shri Om Parkash (A1). Darshan Lal (A2), Jagraj Singh (A3), Parkash Kumar (A4), K. K. Rana (A5) also colamined substantive offences punishable under sections 420, IPC, 471 IPC and section 5 of Import and Export (Control) Act, 1947, Shri S.P.S. Rana (A8) abused his officials position and falsely certified the utilisation of the imported material by the above firms and contravened section 5(2) r/w 5(1)(d) of P. C. Act, 1947.

The learned counsel for the petitioners has urged that Inderjeet Singh had no concern with the business of his nephews and bald allegations of criminal conspiracy are not sufficient to make out a criminal charge against him and further that the Courts at Chandigarh had no jurisdiction to try the case.

In the present case, the complainant has given details of allegations about conspiracy entered into by all the accused for obtaining licences for importing the material against them issued in the names of nonexistent/bogus firms. There are clear allegations against Inderjeet Singh petitioner, having dealt with the licences procured and also of his giving illegal gratification.

For the purpose of quashing of a complaint, the allegations contained therein are to be considered and if these make out a criminal offence, the same cannot be quashed under the provisions of section 482, Cr. PC. The petitioner who comes for quashing of a complaint must show that the complaint is mala fide, vexatious, oppressive or frivolous and that the same has been brought to wreak vengeance. If these conditions are not established, then this Court will stay its hands and leave it to the trial Court to assess the evidence to be led by the parties for proof of the charge and the evidence in defence.

Criminal conspiracy is stated to have been entered into at various places, including Chandigarh. It was for the complainant to select the Court where to prosecute, the accusedpersons. The mere fact that some other Court also has the jurisdiction is no basis for holding that the case should not be tried at Chandigarh.

No case is made out for quashing the impugned complaint. I dismiss the criminal miscellaneous.

Misc dismissed.