The charge sheet in the criminal case was filed on 12.04.1999.
1, Smt.
Accused Nos.
Shorn of all unnecessary details, the fact of the matter is as under One M s Best Fabrics for short, the Company had applied for an advance licence on 29.01.1993 from the Office of the Joint Director General of Foreign Trade, Chennai for import of companyton fabrics showing the export order for 47136 sets of companyton mens ensemble under the Duty Exemption Entitlement Certificate for short, the Scheme .
As the item was number figuring in the standard input and output numberms book, the file was placed before Respondent No.
Apart from Respondents herein, two other officials were also arrayed as accused persons in the charge sheet, namely, Shri S. Ramanathan, Assistant Collector and Shri A. Sivaram Kumar, Apprising Officer.
The Company and its Directors, however, in the meanwhile filed an application in terms of the Scheme.
On allegations in regard to the grant of the said licence, a First Information Report was lodged on 02.03.1995 for companymission of offences under Sections 120 B, 420 and 471 of the Indian Penal Code, Section 13 2 read with Section 13 1 d of the Prevention of Corruption Act, 1988 and Section 136 of the Customs Act, 1962.
Appellant is, thus, before us.
Arising out of SLP Crl No.996 of 2006 B. SINHA, J. Delay companydoned.
Sashi Balasubramanian, by Sri V. Rajpriyan, Respondent No.
Originally, there were seven accused three out of them were the private parties, namely, M s Best Fabrics, Shri S. Vaidyanathan and Shri Bharath Bhushan Goyal.
Sashi Balasubramanian, Respondent No.1 herein, was the Deputy Director General of Foreign Trade and Shri V. Rajpriyan , Respondent No.2 herein, was the Controller of Exports and Imports.
Upon scrutiny the application, a recommendation, however, was made to allow the said companypany to import companyton fabrics of 44 inch widths.
OP Nos.31422 and 36254 of 2004.
2 herein, for placing before the Zonal Advance Licensing Committee for recommendations as regards quantity and description of the goods to be allowed for import.
Declarations were filed on 31.12.1998.
Approval for advance licence was granted by Smt.
Sashi Balasubramanian.
1 to 4 filed an application for quashing the criminal proceedings as against them before the High Court of Madras, which was registered as CC No.
Leave granted.
Interpretation and or application of the Kar Vivad Samadhan Scheme 1998 framed under the Finance No.2 Act, 1998 is in question in this appeal which arises out of a judgment and order dated 20.01.2005 passed by the High Court of Madras in Crl.
