1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.224 OF 2009 Shri Rajendra Bojalwar .... Applicant Vs. The State of Maharashtra .... Respondent Mr. J.Shekhar i/by M/s J. Shekhar & Co. for applicant. Mr. Pradip Gharat, Special Public Prosecutor for respondent No.1 Mr.Y.S. Shinde, APP for State. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 21st August, 2009 P.C. 1. This Revision Application takes exception to the order of the Sessions Court rejecting the application for discharge filed by the applicant who is accused no.6 in Sessions Case No.450 of 2007. 2. The applicant is a director of Thane Poly Organics Pvt. Ltd. His Company was hired vide an M.O.U. by Metro Corporation, a proprietory concern of infamous A.K.L. Telgi. Under the M.O.U., Telgi was to run the company and pay compensation for use of premises, machinery and licenses of the business. The company entered into two High Seas Sales Agreements for importing Naphtha from one Adani Exports Pvt.Ltd. The Naphtha imported was processed under the 2 licenses held by the company into thinners branded as Polysols and sold throughout the country. The Excise Department found that the documents submitted by the company like Solvent Slop and Raffinate licenses, End Use Certificate, Purchase order Forms and invoices were fake and forged. The trucks used in transportation had never reached the destinations given in the invoices but the Naphtha and the solvent were sold at petrol pumps and illegal joints. The Company has thus allegedly violated the provisions of Maharashtra Naphtha Control Order, 2000 and Maharashtra Solvent Control Order, 2000. 3. The applicant sought discharge on the ground that though he is a director of the company, there is no material on record either in the form of statements of witnesses or direct evidence to show that he had knowledge of the forgery or he was part of any conspiracy. He submits that even payment for the Naphtha imported done directly by Telgi. According to him, the entire activity was conducted by Telgi but name of the company was merely used as manufacturer. It is next contended that the applicant was shareholder and director of the Company only upto 5th November 2001 when Telgi and his associates purchased the shares from the applicant for Rs.40 Lacs. Since then he had no role to play in the company. 3 4. The orders for Naphtha were placed in the name of the Company by using licenses standing the name of the company. Processing of Naphtha into polysols was by using machinery of the company in company premises. The forged and fake documents submitted to the Excise Department were in the name of the company. Therefore, it cannot be said that there is no material whatsoever on record as regards the applicant. He being a Director of the Company, an opportunity must be given to the prosecution to bring in evidence against the applicant at the time of trial to show that everything happened with his knowledge and connivance. The forged invoices are allegedly prepared and signed by the applicant along with accused No.5 and accused no.7. 5. In the above circumstance, I find no error or illegality in the impugned order. The Criminal Revision Application No. 224 of 2009 is rejected. (SMT.R.P. SONDURBALDOTA,J)