OF CUSTOM, ICD TUGLAMBAD

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From
Praveen Garg
C/o Ambika Enterprises
A 2383, Greenfield Colony
Faridabad 121010

The Additional commissioner of customs (SIIB)

ICD; TKD, N Delhi

Subject: Investigation in the case number VIII/ICD/6/TKD/SIIB/6AG/108/11

(Importer: Global Logic India Pvt Ltd-EOU)
Respected Sir,
Through this letter I would like to bring in your kind attention towards following
facts which I have shared in my previous letter dated 2 Aug 2013. You are
requested t o ensure that these facts are investigated so that truth can come out
in its entirety
1. Whether following statement made by Additional Commissioner SllB air
cargo in their letter dated 9/12/10 addressed to The Additional
Commissioner (Policy) on the basis of self confession statement made by
Shri Prashun Jain & his successful multiple act of smuggling using fair name
of EOU irr~porterhad been taken into c:onsideration while investigating
current case. (Annexure 1-Page 5)

a. "....Prashun Jain admitted his active role and the modus operand;
adopted by him & his accomplices in the evasion of customs duty by
.
way of misdeclaring the goods and also by way of forging various
statutory documents and by makin!g false statement to the customs
authority to evade payment of customs duty, that Prashun lain was F
card holder and never wanted to endanger his CHA license by
indulging in such mis-declaration o f goods and that is why he has
! chosen M r Biplav Kumar who works for M/s Rajinder P Kapoor (CHA).
Shri Prashun Jain was placed under arrest on 19/11/10 ...."
2. Whether RUDs and note sheet has been called up,on of show cause notice
C. no. VIII/SIIB/CUS/I&G/128 /2010/40953 dt 17/11/2011 issued to Prashun

Jain to compare following findings of the case of Global Logic lndia (ICD
TKD) with the case of air cargo as mentioned in letter to commissioners
Modus-op'erandi, Shipper detail, importer detail, Commodity of
import, Remittance pattern, Place of delivery, Association with the
importer & other points as mentioned in my letter dated 2 Aug 2013.
3. Whether letter (DT 11/7/12) of elaboration of facts by G card holder Shri
Lalan kumar which clearly indicates that its Prashun Jain who had hand
delivered the documents in our ICD office and finally taken the goods by
giving delivery instruction to transporter is taken into consideration. Mr
Lalan Kumar appeared t o SllB on 30/1/13 on telephonic instruction. It
appears from Order of Commissioner of customs I&G dated 21/7/12 that
previous Superintendent (SIIB) had not shared this letter & other facts
pointing towards Prashun Jain wl-rile reporting the matter to Commissioner
ICDTKD Commissioner I&G.
4. Whether Agility logistic pvt Itd & Maersk lndia Ltd had followed the
provision of sub section (2) of section 30 of the Customs Act, 1962 as they
hide actual importer detail from the IGM against the said consignment?
Whether their email record of the corresponding period is seized?
5. Whether investigation is done from importer (G~lobalLogic India) regarding
some suspicious bill of entries in which probably CHA of other innocent
CHAs like M/s.P P Datta (Four B/Es) is used by Prtashun Jain as mentioned in
my letter dated 5/9/12 addressed to Deputy Cqmmissioner, SIIB, ICD TKD.
(Annexure-2 Page 6-7)?
6. Weather forensic report of hand writing of PC Certificate and import permit
& others leads related to the matter has thoroughly been investigated as
submitted along with letter dated 2/8/12 addrtessed t o Commissioner of
customs?
\

7. Trade practice while assigning job to transporter should be checked?

Importer always asks CHA to refer the transporter as all the transporters
are based in ICD & importer don't have access t o them? In this case also we
have indicated the name of transporter to Shri Prashun Jain as per trade
practice & Prashun had executed the instruction sitting in our ICD office as
that is the most convenient place for him.
8. It should be noted that Prashun Jain was the only regular employee till
2006 & after getting his own CHA license continued assisting actual
importer of M/s V K Jain (CHA) unofficially. Shri Prashun Jain (@ Sonu) was
2

not only employee of Mr V K Jain but is al$o real nephew. Prashun Jain was
single handedly looking after all the condignment of Global Logic India &
reporting to importer on real time basis' for day t o day routine enquiry.
After the arrest of Mr Prashun in 2010 Ml/s V K jain & Co closed his office
and stopped serving to Global Logic and otiher parties exclusive t o hini.
9. Whether M/s V K Jain & Co is involved in tubletting of CHA? Compliance of
rule 18 of CHALR 2004 (Maintenance and inspection of accounts) should be
checked in the case of M/s V K Jain & Co Q M/s Prashun Jain (CHAs)?
10.To what extend provisions of notice number 01/2010 dt 7.1.2010 issued by
Commissioner of customs (Export) JIV customs House, Nhave Sheva vide F.
No. S/26-Misc-327/2009- VII U JCH & other circular related to EOU import
clearance were complied in the cases?
11. It should be noted that my office, transporter office & customs department
were in the same building and statement of transporter in this 3 year old
case cannot be relied upon as they don't follow the literal practice of
accounting & record keeping. Moreover in this only matter their interaction
with Prashun Jain is hardly of a few minutes.
12.Please note that this incidence of M/s Global Logic -EOU (ICD TKD in 2009)
& many other exactly similar incidences of M/s Rajdhani Crafts-EOU (Air
cargo in 2010) skipped inadvertently through routine scrutiny of Shipper,
Forwarder, Master line, CMC, Various Departments, CHAs & their staff,
Transporters due t o meticulously planning done by very experienced
person Shri Prashun Jain & because of prevailing customs procedure at that
point of time. Customs has acknowledge the facts by introducing KYC at
CHA level, KYC at shipping line level, Online duty transfer & ED1 version 1.5
apart from other measures in this regard.
13.lt should also be noted that even in multiple act of smuggling a t air cargo
Prashun Jain had managed t o destroy all the evidence and he could be
caught only because of active investigation efforts of SIIB. In air cargo case
only appointed transporter of Shri Prashun Jain could identify him because
that was a live consignment & he was a regular transporter of Shri Prashun
Jain as Prshun's major d port!korking is air cargo & PPG.
14.ln this case Non availability of the authority from the importer is collaterally
proved by availability of evidence in the f o r n ~of :

a) Bank attested authority letter issued by importer in the form of "Factory

De-stuffing Bond" t o the owner of empty container/vessel operator
(Maersk).
b) Authority letter issued by importer t o M/s Agility Logistics for collection
of Delivery Order,

15.Please note that I have discontinued my ICD office as my CHA license is

under suspension since July and staff has also surrendered their H/ G card
t o policy. All future correspondence in this regard should be done at my
following residence address.
Praveen Garg, H No A 2383, Greenfield Colony, Faridabad 121010
16.Because of this 3 year old case I am loosing health, already lost all business
& reputation. Now I am feeling risk of life of mine as well as other persons
who are key witness in the case as this is the fight of innocent poor people
who has been used in good faith against hard core smuggler who is having
deep pocket and very strong influence.
t

In view of forgoing I seek your kind indulgence in the matter t o allow an

objective and impartial probe in the matter so that a smuggler is not allowed a
free run and innocent persons like me, depqrtmental officers & trade are not
victimized in future. Proper investigation of the matter will help in solving
other cases also in which CHA license & IEC of innocent importer is used by
such persons.
Thanking you
m

Attached- Annexure as mentioned above (Page 5-9)