STATE TR. INSP. OF POLICE Versus ARUN KUMAR

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2602 OF 2014 @

SPECIAL LEAVE PETITION (CRL.) NO.3134 OF 2012

STATE TR. INSP. OF POLICE .…. APPELLANT

Versus

ARUN KUMAR & ANR. ….RESPONDENTS

The present appeal challenges the correctness of the view taken by the High Court. By way of an additional affidavit, the appellant placed on record, copies of relevant Shipping Bills and the corresponding Exchange Control declaration forms. We have heard Ms. Vibha Dutt Makhija, learned senior counsel appearing for the appellant who invited our attention to documents on record to bring home the point about discrepancy in the total quantity of shipment and the value of shipment in two sets of documents. It was submitted that the High Court was not right and justified in observing that there was no material on record at all. Mr. B.A. Khan and Mr. Ratnakar Dash, learned senior counsel appearing for Respondent Nos.1 and 2, respectively supported the view taken by the High Court. It was submitted by the learned counsel that there never existed two sets of shipping bills, that none of the witnesses deposed against the respondents that no duty drawback had been claimed at all and that the High Court was right in concluding that there was no material against the respondents. Relying on Ganga Kumar Srivastava v. State of Bihar1it was submitted that no case for interference by this Court was made out….read more