CBIVS.P.K.GIROTRA&ORS.

C.CNO.:39/2011

11.05.2015

Present:

Sh.ManojShukla,Ld.PPforCBI(Substitute).
AllaccusedarepresentonbailexceptaccusedK.N.Lath
andAnupJoshi,whoareabsent.
Accusedno.6&7arecompanies.
Proceedings against accused no.11 Mukesh Gupta already
standabated.

Forthetwoaccusedpersons,whoareabsenttodayProxy
CounselSh.AmitChaharappearsandfilesapplications
seeking their exemptions. It is submitted by the said
Proxy Counsel that today he is appearing on behalf of
thesetwoaccusedpersonsi.e.K.N.LathandAnupJoshi
onlybecauseofthelawyersstrike. He,however,states
thatheisauthorizedtosubmitthattheidentityofthese
accused persons is not disputed and that they have no
objectionincasethewitnessespresentareexaminedin
theirabsence. InviewofthesubmissionsmadebyLd.
ProxyCounsel,theexemptionapplicationsfiledonbehalf
ofaccusedK.N.LathandAnoopJoshiareherebyallowed
fortodayandthewitnessespresenti.e.Sh.AshokDev
Pura and Sh. Pawan Garg are examined as PW18
andPW19 respectively. The saidwitnesses have also
been tendered for cross examination to all the accused
persons.Theynowstanddischarged.
Furtheritisrelevanttomentionthatsummonswerealso
senttooneSh.RameshKumarfortodaybutthesame
havebeenreceivedbackwithunservedwiththereport
thattheaddresscouldnotbetraced.
No other PW present. Let the matter be listed for
remaining prosecution evidence on 12.05.2015, the
datealreadyfixed.

(ANU GROVER BALIGA)

SPECIAL JUDGE : CBI (P.C. ACT)
DWARKA COURTS, NEW DELHI.

HARPREETSINGHVS.DR.SONIASINGH
CR.NO.01/15

11.05.2015

Present:

Partiesinperson.

On a query by this Court, the appellant present has

submitted that he has not been able to make any
paymenttotherespondentincomplianceofthisCourts
orderdated06.04.2015andhefurtherpraysthattoday
thecasebeadjournedastheLawyersareonstrike.
Though this Court completely agrees with the
respondentpresentthatLawyeroftheappellantisnot
requiredtomakethepayment,intheinterestofjustice,
takingintoaccountthatthereisLawyersstriketoday,
this case stands adjourned for purpose fixed for
27.05.2015(thedatehasbeengivenaspertherequest
oftherespondent).

TrialCourtrecordbesentbacktodayimmediatelyand
benowsummonedtwodaysbeforethedatefixed.

(ANU GROVER BALIGA)

SPECIAL JUDGE : CBI (P.C. ACT)

DWARKA COURTS, NEW DELHI.

IN THE COURT OF MS. ANU GROVER BALIGA :

SPECIAL JUDGE: CBI [PC ACT] : DWARKA: NEW DELHI
C.C. No. 39/11
CBI VS. P.K.GIROTRA & ORS.

PW-18 :

Sh. Ashok Dev Pura,

Aged 56 years
S/o Late Sh. Manna Lal Dev Pura
R/o H.No. 2, Birla Colony, Bhiwani, Haryana.

On S.A.
I have been working with M/s Hindustan Gums & Chem.
Ltd. since the year 1999. In the year 2004, I was working as Finance
Controller in the said company and presently I am now there as Vice
President (Finance). The said company is a public limited company
engaged in the export of Guar Gum Products.

In the year 2004, CBI Officials had given a notice to our

office to produce certain shipping bills and in pursuance thereof I
went to the CBI office in Delhi and handed them over some shipping
bills and other related documents. Since the matter is about eleven
years old and it is not possible to remember the shipping bill numbers
but I state that I had handed over all the shipping bills and the
connecting documents therein which were asked from me by the CBI
officials and the said documents were taken into possession vide a

document.

At this stage, witness is shown Document no. D-138. I

have seen this document which is seizure memo dated 29.06.2004.
This seizure memo bears my signatures at point 'A' and it is vide this
seizure memo that the documents which were handed over by me
were taken into possession by the CBI Official. The seizure memo is
Ex. PW-18/A and I confirm that all the documents mentioned therein
were handed over by me to the CBI official and the same were
maintained in our office in the usual course of business. There were
five documents namely exporters copy of shipping bill no. 1284129
dated 30.06.2003 alongwith invoice dated 30.05.2003, copies of
packing list, bill of lading dated 16.06.2003, export bill realization
advice in all consisting of eight pages.

The shipping bill 1284129 dated 30.06.2003 had been

issued in our favour by ICD Custom, Tuglakabad and the same is Ex.
PW-18/B.

The above consignment was exported through ICD,

Tuglakabad and M/s INT CARGO, Sant Nagar, East of Kailash, acted
as our clearing house agent.

As per these documents export of Guar Gum Products

was exported by our firm to M/s Rhodia Inc, New Jersy, USA. This
export was made to ICD Tuglakabad. The export was made under

Duty Export's Entitlement Passport Scheme. As per this scheme the

incentive given by the government against the export made by us. As
far as I recall the said incentive was not in the form of cash but we
were issued scrips against which we could import and the said scrips
were also transferable in the market.
It is correct that my statement was recorded by CBI and
it is correct that I had told them to whom was the said scrips was sold
but today I do not remember the same. It is correct that whatever I
might had told the CBI, was on the basis of the records maintained by
our company.
The invoice and packing list bears the signatures of
Sh.D.K.Kashyap

and

J.K.Soni

respectively

at

points

A.

Sh.D.K.Kashyap was working as Incharge, Export and J.K.Soni as the

Accounts Manager. The original of invoice, the packing list and other
documents was deposited by our company with the customs. For the
purposes of identification the said documents are collectively given
Mark - PW-18/C.

Xxxxx

by all accused persons.

Nil. (Opportunity given).

RO & AC
(ANU GROVER BALIGA)
SPECIAL JUDGE: CBI (PC ACT),
DWARKA COURTS,
NEW DELHI

IN THE COURT OF MS. ANU GROVER BALIGA :

SPECIAL JUDGE: CBI [PC ACT] : DWARKA: NEW DELHI
C.C. No. 39/11
CBI VS. P.K.GIROTRA & ORS.

PW-19 :

Sh. Pawan Garg,

S/o Sh. L.M.Garg
Aged 45 years
R/o 6952, Sunil Park, Jassian Road, Ludhiana

On S.A.

I am a Charted Accountant by Profession with M/s Sri

Ram Knitters, 149-154, Preet Vihar, Haibowal Jassian Road,
Ludhiana. I had worked as a CA for a partnership firm by the name
of M/s Sri Ram Knitters during the period 2002 2006. The said
partnership firm was in the business of manufacture / export of ready
made garments.

In the year 2004, the said firm received a notice from the
CBI to produce certain shipping bills and its details and I was asked
by the company to appear before the CBI as their representative. In
pursuance thereof, I had come to CBI office, New Delhi and had
handed over one shipping bill asked for by them. Since the matter is
about eleven years old and it is not possible to remember a shipping
bill number but I state that I had handed over one shipping bill to the

CBI official alongwith the forwarding letter issued by M/s Sri Ram
Knitters.

At this stage, witness is shown Document no. D-135. I

have seen this document the same is the letter issued by Sh. Naresh
Gupta, one of the partners of M/s Sri Ram Knitters and the same
bears his signatures at point 'A'. I identify his signatures because I
had seen him writing and signing during the course of my official
duties.

The said letter is Ex. PW-19/A and I confirm that the

shipping bill mentioned therein was handed over by me to the CBI

official and the same was maintained in our office in the usual course
of business.

The shipping bill no. 1268034 dated 18.05.2003, the

original exporters copy which I had handed over had been issued in
favour of M/s Sri Ram Knitters by ICD Custom, Tuglakabad and the
same is Ex. PW-19/B. The above consignment was exported through
ICD, Tuglakabad.

This shipping bill was filed under DEPB Scheme and

according to the said bill M/s Sri Ram Knitters were entitled to an
incentive amounting to Rs.3,84,675.69. Since M/s Sri Ram Knitters
was itself not an importer of any goods, the DEPB license in respect
of this consignment was transfered by us to some other importer but I

do not remember the name of the said importer.

I also do not

remember today whether the remittance against the export made by

M/s Sri Ram Knitters against the aforementioned bill was received in
advance or later on.

My statement was recorded by CBI in this case. At that

time I must have told the CBI about the remittance after verifying the
records of M/s Sri Ram Knitters.

The bankers of M/s Sri Ram

Knitters at that time was Punjab & Sind Bank, IBD Branch,
International Banking Division, Gill Road, Ludhiana. The remittance
used to be received through the said bankers only.

Xxxxx

by all accused persons.

Nil. (Opportunity given).

RO & AC
(ANU GROVER BALIGA)
SPECIAL JUDGE: CBI (PC ACT),
DWARKA COURTS,
NEW DELHI