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AMBIKA ENTERPRISES

R-! 0/2.C;G7. Custolns Clearing Agent


E Mail: icdtlid@gmail.com. Tel 263641 08, F 263646 19

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Dated: 2 / 8 / 12

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To

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The Commissioner of Custojns


ICD, TKD
New Delhi
Respected Sir,

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Reg: Investigations relating to B/ E 856627 dt 14/ 12/09 (M/ s


Global Logic India Pvt Ltd- EOU).
Your ref. letter No. VIII/ICD/6/TKD/SIIB/6AG/ 108/ 11/ 2 1481 dt 5 / 7 / 12

This has reference to the investigations conducted in the


above matter so far by the investigating officers. It is
submitted that the whole investigation has turned out to
be an exercise in shielding the wrong doers and pinning
down innocent persons like me. In this context the
following facts and grounds based (on appended
documentary evidences) may kindly be considered as .the
same wi.l.1shed light that the material placed before your
goodself for the purpose of suspension of my CHA license
was incorrect and exaggerated to malign me and shield
Shri Prashun Jain alias Sonu who is the mastermind
behind the smuggli.ng activities carried out by the modus
operandi of misusing the fair name of an export oriented
unit as also of an established CHA firm which has been
carrying out its activities with utmost diligence before
Office: 205 C, Adrnin Bldg, ICD, Tuglakabad, N Delhi 20
ResiA 2383,2"" Floor, Greenfield Colony, Faridabad 12 10 10
-

and even after this incident. I, therefore, through you seek an


enquiry by any appropriate independent agency since the matter
involves not only customs offence but also forgery. It is with this
intent that I have also made a similar presentation to Chief
Commissioner of Customs, New Delhi
1. That the alleged import happened on 14th December, 2009 the
import document for which were given by Sh. Prashun Jain, who
is also known as 'Sonu Ji'. This fact is evidenced by a register
maintained at ours office known a s "Office Logbook as per
Custom's direction bearing following entries:

(a)S1. No., Party Name & Reference (b) Container No. (c)Size
(d) Bill of Lading (e) Transporter

(4ETA Mumbai(g) Delhi

U) Job

Order (k) Out of Charge

Arrival (h) IGM (I) Job No.

(1) Duty (m) Bill of Entry Detail (n)Ground Rent, etc.


2. The above register is maintained by us from Apri1.2009 to May,
201 1, in the aforesaid register Entry No. 461 pertains to the
alleged import in respect of which the suspension order has been
issued. Photocopy of the relevant page was resumed during
search operation by the Customs, S.I.I.B., I.C.D., Tughlakabad
dated 0 1.05.20 12. However, there is no mention of the same in
the facts placed before you. Needless to say, that the register has
been maintained in routine as prescribed and all entries are
serially numbered and are in chronological order and therefore
have great evidentiary value, the entry at serial number 461,
copy of which is enclosed as Annexure-A clearly indicates that
2

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the Global Logic India Private Limited was referred by Shri Sonu
Ji, which is popular name is Mr. Prashun Jain and same can be
checked from CHA Circle as well as my employees.
At Annexure -A, I am also placing certain courier receipt of 2008
and 2009

addressed to Sonu J i a t the same address at the

relevant time was registered address even a s per CHA records of


Shri Prashun Jain. The evidences as above can. be subjected to
any forensic examination relating to time and making entries
etc., if so desired by the Department.
3 . Since the forgery in documents was conducted by Shri Prashun

Jain,

as truthfully stated by me in my statement dated

01.03.2012 before Shri N.

P. Sharma, Superintendent of

Customs, ICD, Tughlakabad, there are bound to be number of


documents like procurement certificate etc. available in norbal
course having the handwriting of Shri Prashun Jain and same
can be subjected to forensic examination to arrive at the truth of
my assertion that Shri Prashun Jain was the actual culprit who
committed forgery exploiting lack of knowledge of everyone
concerned.

It was only around 29th November, 2011, the

undersigned through Shri N. P. Sharma, Supdt. learnt that the


re-warehousing certificate of Global Logic India Private Limited
was still pending and had not been sent by the concerned Excise
Range/ importer to the

ICD, Tughlakabad Authorities. That,

thereafter I started making my own inquiries including reaching


out to Shri Prashun Jain who was found unavailable at the
3

known address and also to reaching

out Global Logic India

Private Limited a t the address given on the Bill of Entry. On 28th


February, 2012 I made a police complaint at Pul Prahaladpur
Police Station, a copy of which is placed as Annexure-B, since
the matter involves, inter-alia, aspect of forgery on 29th Feb.,
2012, I also made complaint to CBI, through speed post as well

as to the Commissioner (Import and General). Relevant letters


with evidence of dispatch are placed as Annexure-C.
4. On lst March, 2012 in response to a Summon issued by the
Superintendent I appeared before Mr. Sharma, Supdt., who
recorded my truthful version under section 108 of the Customs
Act, 1962, extract of which is culled out in Para-6 of the
Suspension Order. The full statement to bring on record all the
facts is placed as Annexure-D as I have been orally informed in
response to my letter dated 23.07.2012 addressed to the
Commissioner (I & G) that only extract as culled out in
Suspension Order is available and that copies of the statements
can be received from ICD, TKD, since the full text of all the Relied
upon Documents is vital to my defense and the same was not
supplied to me therefore I approached to Commissioner of
Customs, ICD, TKD through later dated 24.07.2012 (Annexure-

El.
5. On 0 1.05.2012 i.e. after approximately two and a half years of
the alleged illegal import, a search was conducted in my office at

ICD, TKD and whatever documents were considered relevant by


the search team were resumed from the place.
6. On 07.05.2012, I again approached Mr R. S. Yadav, Supdt. in

response

to

summons

and

thereafter

provided

following

documents which were available in my office (1) details of


transporter were given to him.

Thereafter on 04.07.2012

statement of Shri Lallan Kumar, i.e. my employee was recorded


which I presume was not incriminating and has not even been
mentioned in the material placed before the Commissioner of
Customs, ICD , Tughlakabad while reporting

for suspension.

However, I am in possession of letter dated 13.07.2012 which is


in nature of elaboration of facts by Shri Lalan Kumar and is
addressed to Mr. R. S. Yadav, Supdt., same is placed a s

Annexure-F.
7. I am afraid after going through order No. 03/NLB/Policy/2012
dt 17/7112 (Annexure G) that the investigation so far done by
the investigating officers of the Department leaves a number of
questions unanswered indicated below:
(a)Why no

forensic

evidence

has

been

collected

of

handwriting of records in documents like procurement


certificate and

Import

Certificate,

handwriting of Shri Prashun Jain?

Invoice with the

(b)Why the investigation is not covering the aspect a s to


what happened to the goods after these were transported
to destination as per the transporter's statement and to
whom the goods were sold and by whom?
(c)Why the investigation is not covering the aspect as to who
was the foreign exporter and to whom he was linked
whether to me or Shri Prashun Jain?
(d)Who in the past was more closely associated with Global
Logic India Private Limited while working in the CHA firm

M / s V. K. Jain & Co., (an appointed CHA Company of


M/s Global Logic from 2002 onwards and ex-employer for
Air Cargo and other ports of Delhi)?
(e)Who in the past has shady dealings and past record of
serious

contraventions

with

Customs

Authorities?

Despite my mentioning that as per press reports and


RTI information received by me Shri Prashun Jain was

involved in the smuggling activities and was also


arrested

on19.11.2010 by

the

Commissioner

of

Customs (I & G). New Custom House near IGI Airport,

New Delhi, in which case also he had duped i.e. Shrj


Rejender P. Kapoor Proprietor of M / s Rajinder P. Kapoor
(CHA company) &, EOU importer M / s Rajdhani Crafts by
misusing their identity without their knowledge.

(f) The modus operandi used by Shri Prashun Jain was

similar as name of an EOU i.e. M / s Rajdhani Krafts and


forged statutory documents were used even in that case
as per public press reports & RTI info, as annexed as

Annexure-H.
8. If Relied Upon Documents of above case of air cargo of 2010

are retrieved for in depth investigation and comparison of


following crucial facts between the two incidences of 2009
(Global logic at ICD TKD) & 2010 (Rajdhani Crafts at Air
Cargo) is made, then I am sure the truth will become
evident:(a)How many times in the past Sh.Prashun Jain had
indul.ged in the activities of fraudulent imports. A s per
newspaper he had done 9 acts of smuggling on single IEC
of M / s Rajdhani Crafts (EOU)?
(b)Whether Customs department was able to catch the fraud.
during the routine scrutiny in any of the 9 act of
clearance or he was caught only on the intelligence
information after the "Out of charge" of consignment?
(c)From which period Prashun Jain was involved in the act
of smuggling?
(d)Why was

Prashun

Jain

not

clearing

the

forged

consignment on his own CHA license & taking risk of


using other CHA & importer identity?
7

(e)How did he got the access of identity of importer of M / s


Rajdhani crafts (EOU Company)?

(:Q How did Prashun Jain got the access of identity of CHA
M / s Rajinder P Kapoor?

(g)Whether Mr Vinay of M/s Exim services who was


support services" to M / s Rajdhani

provi.ding "Clearing

Craft.s through CHA M / s Rajinder P Kapoor" was ex


colleague of Prashun Jain in M / s V K Jain 8r, CO (CHA
and ex employer of Prashun Jain.)?
(h)Whet:herCountry of "Port of booking", Shipper in "port of
loading" of container, mediator in India

&,

mediator in the

country of booking are same in both the cases?


(i) Whether consignment was brought through master air
lines or forwarder was used for manipulation of fact just
like i:n case of M / s Global Logic? If forwarder then to what
extent his role is involved?
Ij) Whether

pattern

of payment in india and foreign

remittance was same?


(k)Whether commodity in both cases was the same or
pertained to same industry?

(1) Signature

&i

writing of numerals on documents like

authority letter of shipping line etc. and similarity of the


same in both cases.
8

(m)Whetherfinal place of delivery in both the case is West of


Delh:i?- as Sh. Prashun Jain resides in West Delhi.
(n)Whether Customs air cargo managed to detect the fraud
through routine scrutiny like at the time of assessment,
debiting of Procurement certificate or audit etc?
(0)What

remedial action department has taken to stop such

acts after this incidence?


(p)Whether Re warehousing Certificate( RWC) obligation of
all th.e import B / E pertaining to the year 2006-2010 of air
cargo

PPG is checked to ascertain any fraud, which

&i

Prashun Jain has not acknowledged as he was master in


this?
(q)Whether it was checked that how many RWC is still

pending at Air cargo, PPG where Prashun Jain was


clearing maximum number of consignment for the year
2006-2010 as it is mandatory to procure RWC with in 90
days from the time of clearance of consignment?

(r)Whether Prashun Jain was maintaining log book, tax paid


bill & keeping record of documents as per the direction of
customs?
(s)Whether Global Logice India Pvt Ltd has got cleared any

consignment officially in the period 2006-2010 at air

cargo, PPG

&, ICD

TKD from Mr Prashun Jain CHA of M / s

Praslnun Jain .

I am sure that if efforts are made to find answers to above


questions, it may come out in the open that modus
operandi in both the cases was the same and Sh.
Prashun Jain was the mastermind in both the cases.
9.

Why the statement of Shri Lalan Kumar along with his


elaboration of facts was not placed before your goodself as the
recommending authority while reporting the whole matter to
Commissiorier of Customs ( I& G)??

10. Who continued to make more such illicit imports after the

success of illicit imports in this case?


11. Who had taken on rent the premises or the warehouse in which

purported containers were landed by the transporters and


whether the landlord of that premises is even aware of my
identity?
12. Why statement of other

staff i.e Sh. Anand of M / s Ambika

enterprises -who has made the entry in office log book is not:
taken?
13. Why the statement of M r Ranjit who has got done the clearance

in import shed is not taken?

14. Whether overseas exporter in the above case in which Prashun


Jain was arrested and in this case is the same person

and

whether they were booked from the same country?


15. Whether due diligence was exercised by the officers at ICD TKD
in 2009 & at Air Cargo in 2010 who cleared the consignment at
each stage and thereafter in getting the re-warehousing
certificate with in stipulated time or whether there has been any
contributory negligence?
16. To fortify my assertion that fake documents were produced by
Shri Prashun Jain and the forgery was so diligently done and
operation ca-rried out so meticulously that he managed to dupe
not only the undersigned but also all the Customs officers who
dealt with t:he documents and the forgery had the potential to
deceive any person and that mastermind was Prashun Jain only,

I am producing herewith a forensic evidence of a handwriting


expert Annexure-I which scientifically establishes that Prashun,
Jain was the man behind the whole illicit import and even at this
stage is managing to escape by coming out with false statements
before the investigating officers.

In view of the foregoing, it is requested that proper


investigation should be initiated in the matter to arrive a t
the truth, so that Department is not misled again and again
by the wrong doer and is not able to perpetuate such frauds
with a greater frequency duping innocent officers and CHA
like me, a part from respectable members of the trade. I
11

sincerely hope that you will appreciate the gravity of the


matter and cause an independent enquiry in the interest of
your own dlepartmental officers and in the overall interest of
the nation.

Thanking you,

Encl: As above
PRAVEEN GARG (CHA)

M / s Ambika Enterprises

Appendix

Copy of office log book + Copy of courier receipt


Copy of Police complain made a t Pul Pralhad Pur

police station - 28/2/12


Copy of complain made to Commissioner (I&G) +
CBI
First Statement of Praveen Garg on 1/3/12
5

r to commissioner (I&G) for copy of RUDS


Letter t o Commissioner ICD TKD for copy of
RUDs
Elaboration of facts by M r Lalan Kumar

T
I

Suspension order issued by commissioner (I&G)

Public press reports


of Prashun Jain

expert

&, RTI

information

NAMUCODE
AODRESS

CUSTOMER CODE NO

STAFF CODE NO.

prG8=
BOOKING
BRANCH
NAME l CODE

ADDRESS

NAME OF THE STAFF

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NAMEICODE 1
ADDRESS '
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PIN,

BOOKING OP CURRCNCYIJEWELLIRY IS BANNED


s l l A a E CERTIFICATES 4 t h blank .Imr. lranllar lolrns nre "01 tbllownd
C l a l l n ~l h o ~ l dbe pt.lerrod b 18111ed vllh!n 30 clays
of h o o k l n ~a l Ih* Booklrrg Cerllrs only

BRANCH CODE

NAME OF THE STAFF


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DATE: 28.2.2012
The SHO
Police Station
PuI Prahladpur
New Delhi -110044
SUB: COMPLAINT BY PRAVEEN GARG PROP. OF M I S AMBIKA ENTERPRISES
ROOM NO. 205 C, SECOND FLOOR, CONCOR BUILDING, ICD TKD, NEW
DELHl AGAINST NIR. PRASHUN JAlN PROP. OF M/S PRASHUIV JAlN
HAVING ADDRESS AT B-5/109, MAYUR APARTMENT PLOT NO. 53,
SECTOR,-9, ROHINI, NEW DELHl -110085 FOR REGISTRATION OF CASE
UNDER SECTION 420 / 406 lPC AND OTHER APPROPRIATE SECTIONS
BILL OF ENTRY NO. 8566277 DATED 14.12.2009
FILED BY M/S GLOBAL LOGIC INDIA PVT. LTD.
Sir,

I, Praveen Garg S/o Sh. Ashok Garg R/o A-2383, llnd Floor, Green Field Colony
Faridabad, Haryana, am a Customs House Agent and have been working under
the name and style of M/s Ambika Enterprises since December, 2007.
Brief facts of my case
I started my career in the year 2002 w i t h M/s V K Jain & Co. (Customs House
Agent) 6-1, Ashadeep Building, Hailey Road, New Delhi-110001 as H Card
Holder and was working under the authority of the said Company.
In the said company M r . Prashun Jain, nephew of Sh. V.K. Jain was also
working as a G Card holder sinc,e around the year 1993 and being the relative
of Sh. V.K. Jain he was the second most important person of the company and

I learnt and g;ot acquainted with the trade and skills of the business of customs
house agent from said Mr. Prashun Jain and I was having very cordial
relationship with him and I always treated him as my mentor /Guru.
After having ,acquainted with the trade and skills of business of Customs House
Agent I started doing my own work exclusively with the authority of M/s V.K.
Jain & Co. For allowing me to work under the authority of M/s V.K. Jain & Co. I
was paying Rs. 3,0001- per month to M/s V.K. Jain & Co. by cash. During this
time'l used tlo do work of the clients which were exclusively mine and I never
tried to snatch any customer of M/s V.K. Jain & Co. nor I, interfered with the
business of Pills V.K. Jain & Co.
My area of work was only in the ICD, TKD, New Delhi. Mr. Prashun Jain since
known to me was helping me in my work occasionally at Airport, New Delhi.
After passage of time the said Prashun lain started his own CHA business
under the nalme and style of M/s Prashun Jain & Co. in the year 2006.
I also grew with the time and started my own CHA firm namely M/s Ambika
Enterprises after obtaining proper licence from the Customs Department in
the month of January, 2008. After obtaining my licence and my venture in the
name and style of M/s Ambika Enterprises I stopped working under the
authority of M/s V.K. Jain & Co. with due information to the said company.

It is submitted that since I knew Mr. Prashun Jain and he was considered as
mentor/ guru not only by me but also by my office staff, we used to help each
other in small works relating to CHA.
During the period December, 2009 the above said Mr. Prashun Jain contacted
me and requested me for handling one consignment of the company M/s
Global Logic lndia Pvt. Ltd. NOlDA (an Export Oriented Unit) earlier known as
Indologic lndia Pvt. Ltd. It was informed by Mr. Prashun Jain that the said
client was being handled by him since the time when he was working as G card
holder with h/l/s V.K. Jain & Co. and after starting independent business he was
doing his working under his company only and that the main work of the said

company was from the IGI Airport however, this time since the bigger
consignment had been imported at ICD, TKD, New Delhi by the said company
he requested me to handle the same under my CHA licence and for that
purpose he gave me authority (sub-letting of work).
That I accepted the said request considering the 10 year long relationship with
Prashun Jain and as per trade practice and due to the fact that Mr. Prashun
Jain had helped us in our work since 2008.
In furtherance to the same said Sh. Prashun Jain handed over all the
documents viz. invoice, B/L, packing list, STP Certificate, Procurement
Certificate issued by Excise Authority Noida etc. of the company required for
customs clearance to my office which on our general scrutiny were'found to be
correct and o~riginaland we had no doubt about the genuineness of the same.
Thereafter, we did our work as customs house clearing agent in the normal
course of bus'iness with regard to the said consignment i.e.

(i) Got the bill of entry no. 856627 dated 14.12.2009 filed with the customs
(ii)Got the assessment/ examination of the goods done under non R.M.S.
(iii) Got the procurement certificate debited as per procedure
(iv) Duty element was not involved since the goods were being imported
by EOU
Thereafter thle goods were cleared from the customs after completing all the
formalities / requirement of customs department under the Customs Act,
1962. Again, ithe Customs like me only did not find any thing wrong with the
documents during processing as they were diligently forged by Sh. Prashun
Jain and also even after considerable lapse of time Customs did not point out
to me that re- warehousing certificate was never received.
It is important to mention here that all pre and post customs clearance work/
process was done by Mr. Prashun Jain like delivery of import document,
Delivery order of shipping line, FDS bond of shipping line, Collection of B/E
and transporter paper etc. Prashun Jain has got the consignment delivered in
Delhi stating Ireason that importer is having registered warehouse under EOU
in Delhi also and it is not possible to deliver the goods at their Noida basement

address due to small size of Noida office which version was believed by me in
the background of my relationship with him.
It is further important to mention that I have never dealt with the said

company nor talked t o any of the representative of the company and all the
work was being done by me under the instruction and guidance of Mr.
Prashun Jain and at no point of time I had visited the office of said company
based in Noicla.
However, recently when the customs department informed me that Rewarehousing Certificate (RWC-which is supposed to be submitted by the
importer within three months of clearance) has not been submitted by the
till 29.11.2011 and inquiry was
importer qua the above said consigr~me~it
made from me regarding the company and other details.
In response to the same I duly submitted a letter dated 29.11.2011 thereby
enclosing the following documents.
(i) Bill of entry
(ii) Bill of lading
(iii) Invoice
(iv) Softward technology parks of India Certificate Number 68719 dated
17.:11.2009
(v) Procurement certificate Number 101/09 -10

I made inquiry from Mr. Prashun Jain over phone regarding the non
submission olf RWC to which he initially said that he would get it submitted
from the corrlpany and nothing to worry about the same.
I also tried to contact the said importer at the given address at Noida however,
it came to the knowledge that the said company has shifted from the said
place. I also sent an email dated 30.11.2011 to the Shipping Line M/s Agility
Logistic Pvt. Ltd. but no response has been received from their side. Even I
sent my representative to the Sh. Prashun Jain's Rohini residence but he did
not made hiniself available and consequently I sent a courier dated 23.02.2012

to which he responded by making call to me through P C 0 (011-41755086 on


25.2.2012 a t 9.40 a.m.) and not by his own mobile no. thereby stating that he
is going to maintain before the authorities that he did not get any work done
from me and that he has nothing t o do with the said company or any work of
the said company and nor he has any concern with me, because he is already
having problems in hand in relation to some earlier matter and I should be
clear about the position he is going to officially take.
After this, I made inquiry about the said Prashun Jain and I learnt that the said
Prashun Jain was also involved in atleast three similar cases pertaining to M/s
Rajdhani Craft, Jaipur in which he had similarly tricked another C.H.A, firm
even without its knowledge. Inquiries have revealed that he has already been
show caused iin the matter by Delhi Customs Commissionearte (General).
From the foregoing facts and details it appears to me that said Sh. Prashun Jain
has actually cheated me and now I seriously doubt about the genuineness of
said EOU unit as well as the documents made available to me/ my office staff
of the said company by Sh. Prashun lain. I fear that I may not be made
responsible/ lliable on account of any mis-deed on the part of said Prashun
Jain.
In view of the above you are requested to kindly investigate the case and
register an FIR under appropriate se,ctions of IPC against the said Prashun Jain
and any other person found involved in the illegal act qua the above said
consignment. I also undertake to cooperate with the investigation / inquiry as
and when required.

PRAVEEN GARG
PROP. ,
M/S AMBIKA IENTERPRISES
ROOM NO. 205 C, SECOND FLOOR,
CONCOR BUIL.DING, ICD TKD, NEW DELHl

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DATE: 28.2.2012

SUB: COMPLAINT BY PRAVEEN GARG PROP. OF MIS AMBIKA ENTERPRISES


ROOM NO. 205 C, SECOND FLOOR, CONCOR BUILDING, ICD TKD, NEW
DELHl AGAINST MR. PRASHUN JAlN PROP. OF M I S PRASHUN JAlN
HAVING ADDRESS AT B-5/109, MAYUR APARTMENT PLOT NO. 53,
SECTOR-9, ROHINI, NEW DELHl -110085 FOR REGISTRATION OF CASE
UNDER SECTION 420 / 406 IPC AND OTHER APPROPRIATE SECTIONS
BILL OF ENTRY NO. 8566277 DATED 14.12.2009
FILED BY M I S GLOBAL LOGIC INDIA PVT. LTD.
Sir,

1, Praveen Gal-g S/o Sh. Ashok Garg R/o A-2383, llnd Floor, Green Field Colony
Faridabad, Haryana, a m a Customs House Agent and have been working under
the name and style of M/s Ambika Enterprises since December, 2007.
Brief facts of rny case

I started my career in the year 2002 with M/s V K lain & Co. (Customs House
Agent) B-1, P~shadeepBuilding, Hailey Road, New Delhi-110001 as H Card
Holder and was working under the authority of the said Company.
In the said clompany Mr. Prashun Jain, nephew of Sh. V.K. Jain was also

working as a (; Card holder since around the year 1993 and being the relative
of Sh. V.K. Jairi he was the second most important person of the company and
was having good control over day t o day affairs of the company.

Artlcle Tracking

Track Result f0r:EDI


Booked at

Booked On

DWARKA SEC6

1269057(~1N
'

It*) I! !\J(,ls1

Delivered at

LODl ROAD H.0

29/02/2012

Delivered on
02/03/2012

Detailed Track Ewnts For En117gJO5701N


Tlme

01/03/2012

-Status

status at

16:14;44

DWARKA SEG6

Item Booked

19;11:33

DWARKA SEG6

llem bagged for NEW DELHl

19:45:48

DWARKA SEC6

Baa Despatched to NEW DELHl

08:37:19

[NEW DELHI

b a a Received

08:37:28

NEW DELHl

Bag Opened

08:37:28

NEW DELHl

Item Recelved

08:38:17

NEW DELHl

Bag Opened

08:38:18

NEW DELHl

Item Receiwd

13:37:00

NEW DELHl

Item bagged for LODI ROAD H.0

--

i
k
!
&
R

--

04:31:27

NEW DELHl

Ban
- Received

02/03/2012

05:08:54

NEW DELHl

Bag Despatched to LODl ROAD H . 0

02/03/2012

09:07:39

LODI ROAD H.0

Bag Receiwd

09:07:46

LODl ROAD H.0

Bag Opened

09:07:47

LODI ROAD H,0

Item Recelved

00:00:00

LODl ROAD H . 0

Item Delivered [To: SUPRINDENT]

rTGGz-

SUB: COMPLAINT BY PRAVEEN GARG PROP. OF MIS AMBIKA ENTERPRISES


ROOM rqo. 205 C, SECOIVD FLOOR, CONCOR BUILDING, ICD TKD, NEW
DELHl AGAINST MR. PRASHUN JAlN PROP. OF M/S PRASHUN JAIN
HAVING ADDRESS AT B-5/109, MAYUR APARTMENT PLOT NO. 53,
SECTOR-9, ROHINI, NEW DELHI -110085 FOR REGISTRATION OF CASE
UNDER SECTION 420 / 406 IPC AND OTHER APPROPRIATE SECTIONS
BILL OF ENTRY NO. 8566277 DATED 14.12.2009
FILED BY M I S GLOBAL LOGIC INDIA PVT. LTD.
Sir,
I, Praveen Garg S/o Sh. Ashok Garg R/o A-2383, llnd Floor, Green Field Colony
Faridabad, Haryana, a m a Customs House Agent and have been working under
the name and style o f M/s Ambika Enterprises since December, 2007.
Brief facts of rr!v case

I started my career in the year 2002 with M/s V K Jain & Co. (Customs House
Agent) B-1, A.shadeep Building, Hailey Road, New Delhi-110001 as H Card
Holder and was working under the authority o f the said Company.
In t h e said company Mr. Prashun Jain, nephew o f Sh. V.K. Jain was also
working as a G Card holder since around the year 1993 and being the relative
o f Sh. V.K. Jain he was the second most important person of the company and
was having good control over day t o day affairs of t h e company.

Article Tracking

Track Result f 0 r : E D I 126904551~


Booked at

Booked On

DWARKA SEG6

I
1
I

2910212012

29/02/2012
2910212012

1
1

:(

Delivered at
GURGAON ROAD

Delivered on

Q&&i

02/03/2012

0110312012

/
0

IDWARKASEGG
i 9 : i I:% IDWARKA SEC-6

16:14:16

lltem Booked
Bag Despatchedto NEW DELHl

DWARKA SEG6
\NEW DELHI

08:37:28

NEW DELHl

Bag Opened

--

b a a Receiced
-

08:37:28

NEW DELHl

Item Receiwd

08:38: 17

NEW DELHl

Bag Opened

08:38:18

INEWDELHI-

hem
Recelced
I

11:49:31

iNEW DELHl

lltem bagged
lor GURGAON ROAD
--

02103/2012:32:26 /NEW DELHI

iNEW
2

1
DELnl

---

L e ibaaaed for NEW DELHI

08:37:19

Date

19:45:48

I I:,

I B-~RQe c e i d
I

Bag Despatched to GURGAON ROAD

GURGAON ROAD

Bag Recelwd

GURGAON ROAD

Bag Opened

GURGAON ROAD

Item Recelwd

GURGAON ROAD

Item Deliwred [To:

-4

THE COMMISSION ]

1
-1

-1

A
-

--

..-..-.A-

--

-.

AMBIKA ENTERPRISES
.-

----.

~--

--

Custom:;
House
Agent (R-10/2007), E Mail: icdtkd@gmail.com. Tel0129-2511528,
.
.. - ...
Ofice:
2383,
- . ..- -- .A
- o re en field Colony Faridabad-121010
-

--

To
1

Ms Neeta Lall Butalia


Commissioner of customs (I&G)
Import & General
NCH, New Delhi
Respected Miidam,
Sub: Copies of "Relied upon document" of C No VIII(H) 13/71/2007/17318 dt 17/7/12
Ordcr number 03/NLB~olicy/2012

Copies of statement which are "Kelied upon document" and any other statement recorded till
date or on recordcd for example statement of Mr Lalan Kumar employee of Ambika Enterprises
so as to allow us to cause effective appearance wit11 all our proper defenses as on the date of
hearing. In case for any reason the same cannot be provided immediately then it is requested to
suitably adjourn the Personnel hearing in the interest of natural justice.
1 may also be called upon, to take delivery of papers, on my mobile number 0-9212048704.
h

Encl: Copy of first & last pagc of order is attached.


Copy of PH is also attached.

-- - -

AMBZKA ENTERPRISES
- --

--

- -

- -

R-10/2007. Custon~sClearing Agent


E Mail: icdtkd@gmaiI.com. Tel26364108, F 245646lO

--

To
The Commissioner of customs,
ICD, 'TKD,
N Delhi 110020

{.i

Sub- ICD TKD -SIIB C. NO. V I I I / I C D / ~ / T K D / S I I B / ~ A C / ~ O ~i n/ ~the


~ Order No.
03/NLB/Policy/2012 issued from C. No. VIII(H)/13/71/2.007/173~8 dt.
17/7/12.

Kindly refer to SCN ISSUED for contravention o f Rule 13(a) (d) ic). (h) ( 0 ) C111,R 2004,
by Co~nmissioner(I & C;) and to rcquest you to providc following \locumeirts:
1. Photocopy of procurement certificate (101/09-10 dt. 9/12/09),

Impost

certificate, Invoice, Packing list, BL, Assessment order of D/E, Examination order
of EI/E number 856627 dated 14/12/2009 as pcr the record of custom:;.
2. Photocopy Report of the superintendent, Range 12, Oivisiorr II, Noida or1 the
procurement certificate.
3. Report evidencing the procurement certificate dated 9-12-09(as in 1above) was

fake which addressed t o The Deputy commissioner of custon'ls, lGiA Airport,


N ~ ! NDelhi.(Para 5 Of SCN).
4. Photo copies of the (entire) summons issued to the different pertions with
reference t o the enquiry in aforesaid case.

5. Tht! Photocopies of Panchnama, if any with respect to search made to the parties
like Sh. Prashun Jain, Importer, Shipping fine etc.

6. Copy of the enquiry report dated 5/7/12 vide endorsement number 21483,
7. Photoct>piesof Stateme~itunder Section 108 of the C~iitomsAotJ.YG%(RlJO IN
Show cause notice) & other record of:
a. Mr. Praveen Garg dated 7/5/12
Pvt Ltcl
b. Statement of authorized representative of Ciloh~lLogic l~?dia
(Importer).
c. Statement of Sh. Prashun Jain dated 29/5/12.
d. Statement of Mr. Lalan Kumar dated 4/7/12,

--

--

--

Office: 205 C, Admi11 Bldg, JCl), luglakabad, N Dcllil20


Itesi- A 2383,2"* Floor,
---Grecnjield Colony, Faridabad
- - 121 0 10

.-

--

-- --

AMBLKA
ENTERPRISES
---- -

--

--

R-1012007 Customs Cleaiing Agent


E Mail: icdtkd@gmail.com. Tel263641OX, F 263 64 61Q
e. Mr. Sant Kumar Dated 16/5/12
f.

Sh. Surinder Singh of M/s Vivelc Roadline dated 21/5/22.

g. Statements of M/S Agility logistics (Forwarder) recorrled or) different


dates.
h. Statement and investigation reports in Maersk Itidia P Ltd,iF any.

i. Statement of M/s V K Jain & Co. (CHA), if any.


j.

Letter of

laborat at ion of fact" by Lalan Kumar dated 13/7/1.2,

8. Copy of documents provided by M/s Agility Logistics with respect to this

shipment like IGM details, Bill af kadirig, Shipper detail, Dacutrtent.5 cvidc!ncirtg
payment detail to them etc.
~bove
documents are required to allow us t o cause effective appearance with ail
our proper defenses as on the date of "Personnel Hearirrg". In case for any
reasons the same cannot be provided immediately then you arc r'equested t o get
the PH adjourn in the interest of natural fustice.
I may be called upon, to take deliveryof papers, on my mobile number 09212048704.
Yours faitllfully
For ~mbi*i%nter~rises,

Copy o f the first page o f order.


Cul:y of '.j>cr st)rlaI h~aii~ing"
Copy o f letter to Commissioner I&G

Office: 205 C, Admin Bldg, ICD, Tuglakabad, NTleltli 20


Resi- A 2383,2" Floor,
Greenfield
Colony, Faridabad 121010
-

---- -

Date 11/7/12

. .. ,,,,.

,,.

p,

\.k

,.

'.

,.\.

,.,."..",.
I,

,'

. :,..

,I:

'I

Lalan Kumar
C/o Ambika Enterprises
Room Number 205 C, ICD
Tuglakabad, N Delhi 110020

Shri R S Yadav
Super~ntendentSllB
5118, Customs
ICD, TKD, N Delhi

Sub:

Further submission i n relation to version recorded in response of Summon C. No. /VIII/ICD/6/


TKD/SIIB/6AG/108/11/20500 dated 27/6/12 in respect of inquiry made with respect to M/s
Global Logic lndia Pvt. Ltd., Noida (Copy of summon is attached).

Dear Sir.
This is with relipect to enquiry made by yourself as per above summon on 4/7/12. 1 would like to bring
following facts to your knowledge on which Icould not express myself at the time of investigation due to
considerable lapse of time between the occurrence of incidence and recording of my version and also
because the investigation were conacted through queries raised by yourself and therefore offered me
no further scope to gtve information beyond the questions raised by you.
Based on my recall of events and also on my desire to bring to your knowledge the whole truth as this is
considered relevant by me I submit as follows with a rider that to the extent any part of my version is in
conflict of whatever I might have stated in my version dated 04.07.2012, the same, shall stand modified
to the extent of difference in the present version as this versioh is being given by me after considerable
recall drid con'ternplat~onof events.

1.

That we had received documents pertaining to M/s Global logic lndia Pvt. Ltd., NOlDA through

Shri Prashun lain alias SONU who had given thcsc documents to Shri Praveen Garg who In turned gave it
to us instantly for scrutiny and submission.

All this had happened in our office only in which all the

staffs sits together without any partition and therefore, even my version can be corroborated by
recording their statements also on this aspect.

2,

That we had not directly got in touch with importer as the transaction was being conducted

through Shri Prashun lain (Sonu l i ) who was well known to our, firm and had enough past mutual
dealings with h ~ m .

3.

That the name of other CHA who had given papers to Shri Praveen Garg was Prashun lain only

who was present and was assisting in the entire clearing process also. I was in touch with him on one of
his two mobiles of which he had given me number which I am unable to recall a t present. He had also

given delivery in$,tructionsto the transporter engaged by our office, when the goods were finally given
out of charge.
As is clear from the above, I have mostly amplified my version with my recall of events and they
may not be ariytliing in conflict that whatever I had stated before you on 04.07.2012. However, I
request you to .also give me a copy of my statement as was recorded on that date so that I may
elaborate on any point if so required in the interest of truthful disclosures by me.
Thanking you,
Yours faithfully,

(Lalan Kumar)

kqsD&

PC>'

C. No. VIII (H) 13/7112007

OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORT & GENERAL)


IqEW CUSTOMS HOUSE, NEW DELHI - 110037.
C. No. VIII (H) I317 1/2@#3'

'

Dated: 17.07.2012

Yvli's kmbika Snterprises, A-2383, 2nd Floor, Greenfield Colony, Faridabad,

(Haryana)-121010 (hereinafter called the CHA) is holding Customs House Agent


Licence No. R-10lDELICUSl2007 (PAN No. AASPG4231F) valid up to 21.11.2017
issued by the (:ommissioner of Customs (I&G), New Delhi under Regulation 9(1) of
Customs House Licensing Regulation 2004 (hereinafter referred to a s CHALR, 2004)
to transact Customs Clearance work within the jurisdiction of Delhi
Commissionera,te. The said license was granted to Sh. Praveen Garg, Proprietor of
MIS Ambika En~terprises,CHA.
The Com.missioner of Customs, ICD, Tughlakabad, New Delhi vide letter
C.No.VIIIIICDI6ITKDISIIBI6AGl108/11//21481
dated 05.07.2012 has informed that
Shri Praveen G.arg, Proprietor of MIS Ambika Enterprises is involved in the filling of
Bill of Entry No.856627 dated 14.12.2009 falsely in the name of MIS Global Logic
India Pvt. Ltd. and has caused huge loss to the Government Revenue by getting the
imported goods cleared a s duty free on the strength of fake and forged Procurement
Certificate No.101109-10 dated 09.12.2009. The Commissioner of Customs, ICD, TKD
further recommended immediate suspension of CHA License of the said CHA.
2.

MIS Ambika Enterprises, CHA had filed Bill of Entry No. 856627 dated
14.12.2009 for import of consignments containing computer server, networking
equipments etc. in the name of MIS Global Logic India Pvt. Ltd., A-36, Basement and
Ground Floor, Elector -64, NOIDA having IEC code 0500072281.
8.

4.
The aforesaid consignment was cleared from ICD, TKD a s duty free against
t
No. 101109-10 dated 09.12.2009 purportedly issued by
the P r o c u r e m e ~ ~Certificate
the Superintendent of Customs and Central Excise, Range-12, Division - 11, A-50,
Sector -2, NOIIIA a s the MIS Global Logic was a S T P Unit at the relevant time (Now
SEZ Unit) and was entitled for duty free imports in terms of notification no. 5212003Cus dated 31.0:3.2003.

C. No. VIII (H) 13/71/2007

However on enquiry, it is found that the Superintendent, Range-12, Division 11, NOIDA has not issued the aforesaid Procurement Certificate. M/s Global Logic
had neither applied for nor obtained the said Procurement Certificate. The STPI,
NOIDA has ,also not issued any import certificate for import of the impugned
consignment. Moreover, the Procurement Certificate was shown as issued in favour
of the Deputy Commissioner of Customs, IGI Airport, New Delhi. Thus the
Procurement (Certificate appears to be fake and forged.
5.

Statement dated 01.03.2012 of Shri Praveen Garg, Proprietor of MIS Ambika


Enterprises, CHA was recorded under Section 108 of the Customs Art', 1962 v-rberein
he interalia admitted that his employee Shri Lalan Kumar submitted this Bill of
Entry in CMC on behalf of importer M/s Global Logic India Pvt. Ltd. and that the
document viz invoice, packing list, bill of lading, Procurement Certificate, import
certificate were given by Shri Prashun Jain nephew of Shri V.K. Jain, Prop. of M/s
V.K. Jain & Co. (CHA); that Shri Prashun Jain also gave him the authorization to
clear the cons~ignmentof M/s Global Logic India Pvt. Ltd, but the authority letter has
been misplacled somewhere; that Shri Lalan Kumar and Sh. Prashun Jain got the
formalities completed from Customs a s per best of his knowledge because the incident
was two year.s old. He further stated that Shri Prashun Jain gave him the authority
letter from the said importer alongwith other documents but the same are not
traceable a t the moment and has been misplaced. He also admitted that he had not
contacted any employee of the importer M/s Global Logic India Pvt. Ltd, before or
after the submission of Bill of Entry or after clearance of goods and that Shri Prashun
Jain was mediator between him and the importer.
6.

Another statement of Shri Praveen Garg was recorded on 07.05.2012 under


7.
Section 108 of the Customs Act, 1962 wherein he stated that the authorization for
filing Bills of Entry No. 856627 dated 14.12.2009 given by Shri Prashun Jain was not
available with him and any other documents in this regard were also not available.
He stated thirit he could not retrieve any email exchange with MIS Agility India Pvt.
Ltd. (Forwarder) or with Shri Prashun Jain regarding amendment in IGM from M/s
Agility to MA; Global Logic India Pvt. Ltd.
8.
Statement dated 16.05.2012 of Shri Sant Kumar, Prop. of M/s S. K. Transport
Co. was recorded under Section 108 of the Customs Act, 1962 wherein he interalia
stated that tihey have transported two containers bearing no. TGHU 8000730 and
MSKU 9535652 of the aforesaid Bill of Entry No. 856627 dated 14.12.2009 to Nangloi
for which booking was made from the office of Shri Praveen Garg, CHA of MIS

C. No. VIII (H) 13/71/2007


Ambika Enterprises and they did not know any person by the name of Prashun Jain
or Sonu.
Statement dated 21.05.2012 of Shri Surinder Singh, employee of Mls Vivek
Road Lines wa.9 recorded regarding the transportation of two containers bearing No.
MSKU 8667150 and MSKU 8044042 pertaining to the aforesaid Bill of Entry NO.
856627 dated :14.12.2009 wherein he interalia admitted that these containers were
transported to Nangloi, Delhi a s per the booking made by MIS Ambika Enterprises,
CHA and he dild not know any person by the name of Prashun Jain or Sonu.

9.

10. Statement dated 29.05.2012 of Shri Prashun Jain was recorded under Sect,ion
108 of the Customs Act, 1962 wherein he interalia stated that he did not give any
authorization or any other documents to Shri Praveen Garg, for filing of Bill of Entry
No. 856627 dated 14.12.2009 of M/s Global Logic India Pvt. Ltd. and he had no
connection with the clearance of the four containers pertaining to the said Bill of
Entry No. 856627 dated 14.12.2009, ICD, Tughlakabad, New Delhi. He further
stated the he had not filed any Bill of Entry through Shri Praveen Garg, CHA in ICD,
TKD, New Delhi.
11. The relevant provisions of the CHALR, 2004 a s appIicable in this case are a s
under:Regulat~on13 stipulates that a Customs House Agent shall:(a)
Obtain a n authorization from each of the companies, firms or
irldividuals by whom he is for the time being employed a s Customs
House Agent and produced such authorization whenever required by
thc Dcplt?ty C o ~ 3 i s s i c n e rof Clwtntnn nr A s i n t ~ n tCommissioner of
Customs;
Advise
his client to comply with the provisions of the Act and in case of
(d)
non compliance, shall bring the matter to the notice of the Deputy
Cot~missionerof Customs or Assistant Commissioner of Customs;
Exercise due diligence to ascertain the correctness of any information
(e)
which he imparts to a cIient with reference to any work related to
clearance of cargo or baggage;
not procure or attempt to procure directly or indirectly, information
(h)
from the Government records or other Government sources of any kind
to which access is not granted by the proper officer;
(0)
Verify antecedent, correctness of Importer Exporter Code (IEC),
Number, identity of his client and functioning of his client a t the

C. No. VIII (H) 13/71/2007


declared address by using reliable, independent, authentic documents,
data or information.
12. In view of the above, it appears that the said CHA has contravened the
provisions of Regulation 1 3 (a) (d) (e), (h) & (0) of the CHALR, 2004.

13. After examination the aforesaid matter and facts therein, it appears that
transacting business by CHA MIS Ambika Enterprises is prejudicial to the interest
of revenue and immediate action is warranted to prevent further misuse of the said
CHA license. Hence, 1 hereby passed the following order:-

ORDER
In exercise of the Powers conferred under Sub-Regulation (2) of Regulation 20
of the CHALR, 2004, I suspend the CHA license No. R-10/DEL/CUS/2007 of MIS
Ambika Enterprises, with immediate effect. The CHA is directed'to surrender the
original CHA license and all the cards issued to them immediately.
This ordmer is being issued without prejudice to any other action that may be
taken against the CHA or any other person (9) / firm (9) etc under the provisions of
the Customs Act, 1962 and Rules / Regulations framed there under or any other law
for the time being in force for the present or any other past violations committed by
them.

(NEETA LALL BUTALIA)


COMMISSIONER OF CUSTOMS
IMPORT & GENERAL,
NCH, NEW DELHI.

Faridabad, (Haryana)-121010

I Iic S1113 of A i r cargo 111iil~IelOilias put atlottier fcatllcr

111 tlicir

cap by seizing goods worth Its 67.29 lakll

r,eccrit ly .
I'hc s l c ~ ~ t lol'SIII3
ls
i ~ c i i ~011
i g a lip-ot'l', were 011 the look0111for ii suspec~edconsignlnc~lrsince thc lirsr week 01'
Novcrr~berlUI I . I'lic? l i t l i ~ l l yir~lcrceplcd11,~. siI1,ic on I X / I I/?OIU whcri M / s Rajtllii~nic r i ~ l i stiled ;I hill ol'crlltl.y
110. IOH3H5 cli~retl161 1 1 1 li) li)r c l c i ~ r i ~ n col"go~,tls
c
(jecliircrj as machine pilrts. 'l'lic said h i l l o f ' c ~ i twas
~ . ~a~st:~sc(I
l l l r o ~ l g l It
l MS.
On inicrccplioli o l ' l l i r :;aid packages, one l ' l - i ~ s l lJail1
~ ~ ~~crldllial b/e intended l o clear lhosc packages tr~ider

M i ~ s l cA
r i r Wily h i l l No. 51{9032 15485 wllicI1 belollgcd l o MISRl~jdlianiCral'ls ol'Jaipur.
I)

'I'h,e goods were c x a ~ i i i ~ i ei11.1d


t l on lie coritrary instcad ol'm:tclii~ieparts M i c r o SU cards or'2Gb (24UO no.)
I t A M o f I (;I3 667 M I I%$ ( 3 7 0 0 nos) [ { A M of' 1 (;I3 800 MI-I%( I 2 0 8 ) valuetl ill, 67.2'9 lacs w c r t dekctcd.
I'lic ~ i i i cJe~larc0
s
goods wcrc seizctl.

I:
!

I<nclui~.cisI.~~rthcr
rcvci~lerlIlial Iliere were Inorc Illall 51) c o n s i g n i n r ~ ~ in
r s llic Ii;\nic of';un export oricnlctl u111t
I<i~,jdhl~iii
(.:rillis.
['lic SIII\ is illst) tryillg l o ilscerlain llle p e ~ i u i n i [ yof' M/s Rajtlliani cral'ls, .luipur.

I<ciawi~iingten c o ~ i s i g l l l n c n t s;Ippcnrs t o lluvc bccll i l n p o r t c d by l n i s u s i ~ i gtlicil. llulnc or Rajtllialii cralts.


I'~.;~slll~n
,lain ill thc ~ n c u n w l ~ i l tins
c , been arrcstctl o n I Y / l / I O .
i

'I'lic: SIIII i~riportslier! A i r C h g o u ~ i iisl ~ l i a k i n gi1il ill-dcp\li inqiliry l o i~neurtliliacld and duly evasioris.
Such t i i ~ ~ liilvc
~ d s hcconlc ~.(.lo~ilie
i ~[lie
i c(lsa,,lls dep;,l[lllcill, where CilscS afier cases have l ) c c ~bonked
i
by IIIII.
~ u s t o ~ r:ISi s illso prcvcntivc I l c l h i .

..
Wliy 11% the tlcpal'llnclir iallcci l o colitrol [lie ~ l l c ~A1.c
~ ~[lie~ prcserll
~ ~ ' !rilles llli1pprol)riale l o prcvcfil such
1'1 auds'?
I i M S was i~ilrotluccdl o ~.ctlucclie dwciI-lime (~fcargc,as [lie ports arid airports l o reduce tllc lransacio~iicos~:;
hy c s p c d i l i ~~.clcase
i~
01'c;irl;o. 11~11i t Il:is beell [,(,[ices 11,at it is beirig ~riisusctlin a 11~11iibcr
ol'ciis~s.
\lie misuse o f C:I I A cards. A n y pcrson IS able l o gcr
(:uslo~iis policy ~nakcrsliilvc also ullcl.ly fi1iIed ill
~ l c i \ ~ . of
i ~goods
~ i c ~hy (lastling 11ieccirds oi'ollier ($1 1 ~ I'hc~ syslcrii
.
o f ~ . c r i ~ i rIlic
i g cards h y C I I A s sliouI(l iilso
1 . 7 ~loukctl inro. '1'0 slol, 1 . 1 1 ~111is-usco f I E
(' colic 01.
~lllportcrs,[lie l i l i ~ i g01' b i l l o f ' e1lll.y online sho~rId be 11l:idc
~i~r~lida~ory.

',. /

((9

/ --

'.

-3'

( S ~ ) ~ iI,nvesti$tioll
al
C" lr~tclligerlrcIjl'allcll)
N E W ClJS'-]"()MSHOUSE, N E W DF,LI 11- I 10037

C.NO. Sl 'IBIC:USll&C;1128/2~1~'

Daled:IC)ll.2010
I

ARRLS'I' MEMO
-

Shri Pr.ashun Jain Slo Slui Subhash Jain IUo B-51109, Mayur Apartnlents,
Sector 9 , liohi~zi,New Delhi 110085
Co~~secluent
upon seizure of ofl'ellded goods and the voluntar-y statenle~lts
tendered by Sh. Prashun Jain it has emerged that Shri Prashun Jail1 is nctivly
involved in the smrnuding of ~ffendedgoods and violated the provisions of
Customs Ac.t 1962, and the Rules made there under.

I, S h i g e v Rjslli

l ~ l s p e c t oof
~ Customs, presently posted as lnspecl-01.
(SIIB), Office of the Commissioner of Customs,Import and Gerieral
Corliinissiotlerate, lmpon Shed, IGI Airport, New Delhi, and/duiy appointed as
an officer of Customs vide Notific3t.tion Nu. 3 1/97 - CUS(N.T.)
dated 07~,07.19'37,
therefore, 11av:ing reasons to believe that you ale liable' to punishment under
Section 135 of the Customs Act ]$62; on being duly authorized to do so hereby
arrest you today the 19.1 1.20 10, at 20:30 hrs at New' Delhi under the powers
vested in nle under Section 104 of the Customs Act, 1962
,.

The A d d ~ ~ ~ oCornlr~~ss~oner
nal
(Pol~cy)
11npo1-t8r Genera C'omnl'ate,
New Custom I-Iouse, N e w Delhi

SII,
Subject:- Seizure of mis-declared goods by M/s Kajdhani Crafis vide 13111ol'k~ltry
no. 168385 dated 16.1 1.2010 - reg.
of the SIIB, Impor1 & General
Acting on the basis of an intelligence, the
C:on~missionerate, New Ilelhi intercepted a shipment filed under Bill of Entry No.
168385 dated 16.1 1.2010 outside the clearance gate of examination hall no.3 on
19.11 2010
?'he said bill of entry was assessed through RMS and no exanljnatlon was
prescribed for this shiprnent which was declared as having, machine spares On
~nterception, a person w'ho introduced himself as Prashun Jain. Propreit or of MJs Prashun
Jain, CHA having registration No: 92/06 and F Card No. 168106 informed that he cleared
the sail1 shipmeilt under M.AWB 58993215485 in the IlaIrle of' MIS Rajdhani Crafts, a
100% EOU, located at Khasra No. 1955 to ,1965, near 6 Kh4 Stone, Chomu Village,
Jaipur, Kajasthan through'M/s Rajinder.P.Kapur, having CHA No R-23/98 by Shri Uiplav
Kumar
The shipmer~twhich was declared as havinj; machine spares, on examination i n
the presence of independent witnesses, , was found to coritain Micro SD Cards of 2 GB
(24000 pieces), RAM of 1 GB 667 MHz (3700 pieces), RAM of 1 GB 800 MHz (I298
pieces) totally valued a.t Rs.67,29,000/-. The said goods were seized on a reasonable
belief thar .they were 'liatilk foi"dii6scation under'tht: Customs Act, 1962.
The statement of'!;hri Prashun Jain was recorded u/s 108 of the Customs Act, 1962
on 19.11.2010wherein he interalia admittd that he was aware that the Bill of Entry was
filed in the name of a cc~rnpanywhich was not the actual importer and which was entitled
for Green Channcl Cleariince, so that the goods are not opened for examination and thus,
the bill of entry was forged; that he was also aware that the goods in the shipment were
not those as declared in the B E , but were memory cards etc.; that he admitted to his
active role' and the rnodus o eiaridi adopted by'him' and his accomplices in the evasion
u..+r,t,'
' ' 'I!
of Customs duty by waj"o~misdeclaringthe goods and also by way of forging various
statulory documents atid by makiny false declaration ro the concerned authorities to
v a d e payment ol' appropriate Customs duty; that he was a F Card holder and never

~ , , : : ~ , I1~0,C, IIK J A I ) ~ , V I \ \ I ! , I I C C I I ~ C \ ) > ~ ~ \ d i l I s i 111


~ \ $g, ~ I C \ I\ I
.,\il\
Ire cl~ose.M I Bipla\' K u ~ l l a ~wllc,
.
wo1.k~ 1,1

~ I ~ ~ I C C I : ~ I ; 01I I \ ~ I ~ ~iill(i 1 ~ ~ 1' 1 ' ~


l i a i i l l d c ~ I'. 1(?\1)\11.('1-1.4 SII!-I

~ ~~

1'1 , \ 4 l u 1 1Jail1 was placed n ~ ~ d earrest


l.
on I9 1 1 201 0

'I'his 1s tbr your

and

i ~ l l i ) l . ~ n ~ ~ ~ i i jnecessary
ri
action

Additional Commissioner (SlIB)

., *; C,.
.
.\:* >

-,

..

!.

..
.

I..'..

,,-._'_ .
I

. ..

, .

.'

,<,!r:clalrsts 111 IcJe11lr!rc;il1~311


of H a ~ l d w r r l i ~ Srgnatures
~g
Typewr~trngFlngerpr-~nts.
Inks. Sfontps. G r ; i p / , v / o y y

S.l? SLNGH
M.A., LL.M,

M A L L B (Ex1 P C S
DIP Sc H F I

BA,I-L 8 .
Dlp I A Sc IUSAJ

Dlp AlASc (USA) DIP I" URDU (Urdu Academy, Delhl)


Forcians~cScience Society, (UK), lnternotionol Associotion For I d c n t i f i c a t i o ~ \(USA)

Member

.-

EXAMlNEftS O F QUESTIONED DOCUMENTS 4t FINGER PRINTS'

O f t i c e . C h a m b e r N o 291, C i v i l Wing, T i s H a z a r i C o u r t s , D e l h i - 1 1 0 0 5 4 P h . . 6 4 1 5 4 1 2 2 , 2 4 3 5 0 1 0 1
F a x : 4 1 8 2 6 189, M o b i l l ? 9 8 1 0 0 8 8 7 0 2 W e b s i t e : w w w . r p s i n g h . c o m , E - m a i l : e x p e r t s @ r p s i n g h . c o m

EXPERT'S WRITTEN REPORT


Ref.

N#-7476-W/ 1;257

2 1 6 ~ 7 d 212
0

17/07/2012

Date of Photos 8 Examination

EXAIMINED
----

In thls enquiry matter, on Photostat copies of papers made

available by Shri Praveen Garg, I have examined the following: -

1.

Disputed Figure Writing and Signatures appearing on 3


documents

2.

Comparative Writing including Figure Writing on a sheet of


paper.

-P
-- O I N T

U N D E R ENQUIRY

I have been asked to give my expert opinion as to whether

CONSULTA'TLON
OPlNlON REPORT

I have made a very careful and deta~led examinat~on and


c:oniparlson of the above stated wr~tingswith the aid of necessary
scic?ntific instrurnents from the photo-stat copies of papers made
;~va~ilablewh~ch,after due markings, are attached along wlth this
report. After

due examination and

comparison, my

detailed

observations are as under:-

A. The disputed writing consists of figures and signatures.


S ~ n c ecomparison of signatures is only possible where speclmen
s\gnatures of the concerned genuine signatories are available, the
said c?xamination is not possible at this stage since such comparative
material is not present. However, examination of figure writings can

be (lone and since every individual has a distinct manner of writing


figures , such an exarmination is conclusive In itself.

U.

Since both these disputed as well as comparative

documents are Photostat copies, therefore , writing features such as


pen pressure, line quality, pen

ink, etc cannot be analyzed or

mei~sured.However, both the sets of writings are found to be


!;pontaneously written in fast writing speed, wrist movement etc

C.

In between the disputed and comparative figure wr~t~ngs

thle following similarities are noted.

Figure '9' - Figure '9' is made with a curved start, oval shaped
bulb, curved connecting stroke at top and a slantlng staff stroke

Ill
C~ONSULTATION

OPINION REPORT

Figure '8' - The start of figure '8' is from the top right side with
the upper and lower body strokes are made In tear drop form.

Fisjure '3' - T h ~ sfigure IS made with a broad upper body stroke


wh~chtias a hooked shape, soft .turn in the m~ddleand a sharp turn at
the loiver body.

D.

The similarit~es noted between the disputed and

comparative figure writings are fundamental in nature and


nothing of fundamental dissimilarity is noted in the m'aking of these
figure writings.

OPINION
-----

As per the examination conducted, it is my duly cons~dered

and reasoned opinion that the disputed figure writings tally with
comparative figure writings and belong to one and the same
person

R. P SlNGiH & CO.


Ch. No.291,Civil Wing
Tis Harari Court, Delhi-54
SEAL,
DELFII
DATEID:22/05/20 1 2

M.A. LL.M.

DIPLOMAA.l.A.Sc.(USA),
CERTIFICATE
IN URDU, URDUACADEMY(~ELHI).
EXAMINER OF QUESTIONED DOCUMENTS

R. I*. SINGH & CO.

Ch.N 291, Civil Wing


Tis Haz ri Court, Delhi-54

QV,UlCE O P THE SUYERINTEND&WT CUSTOMS 6r CISN'I'KAL EXC'I!jE


IWNGF -12. DIVISION-11.4-$0. SECTOR 2 . NOlDA

7hc Ilcou:!yCornnlixsioner ol'(Cus~nlns)


I,(.; .\ ~\irpl.\r\
New Dcll\i
SL!L3: C ~ r t i f i r ~o~f tnrr o c u r c ~ ~ r c~n tr l nd ~ n v c ; n c ~o~f ti r ~ i ~ o r t cEOO(!Y
d
witl~~ur
pj-mvrr~er~t of duty
a
'

Sir,
1 . 711is i s to certify that M/s Clobnllopic Indh 1%. Lld., A-3G.Uuutne11t & Ground Floor,
Sector 16.4 NOIDA (100% EOU undcr SlPl Scheme), is bvrufide liccnsc Roldcr, Liccnsc
No.ll/lurluulogic~STP/N-moo4 Dated 30106/2004 issued undcr secliclli 58 o f custonls Act.
1962 by die Assistnnt Comc~lissi~ncr,
Customs & Central Exciw, Division -11, Noida Vrlid up
11) 3 I I >!.iiilo9

?. 'lhc :uid rcgistnult bas escculcd bond in

Form 13-17 ((;encrul Security) ao. 101b17(SccurityYN-IYZOOJ dated 30t0612004 fur Rs. 5,00,00.000/- (Rupees live Crorc Only) nnd
oo. 0 6 / L 1 7 ( G c t ~4ccurity)S?'P-N-lUO&07
.
dated 26-06.2006 fur Us. ?..10.00,000/-( K u ~ E ~
Two Crure 7liirty Lacs Only) w i ~ happropriate securily (vulid up to 3 1-I?-9,010)
with h e
Ikpury Co~rrlniss~oncr,
C\lsto~~\s
& Ccn~ra!I:,xcisc, Uivisiorr , - I \ , Koidu.

3. 7'his Iicg~:itl.utii)nnuthor~xc thcrn lo obtnir~2 176 NodScls of Nc~worktngequjpcncr~tstor


manulrcturi~~y
I dcvelopnlent of Cornpuler Softwore agair~slInvoicc No.CiL001107-01 dutt:
19.10.2.UO9(ram Mls Gc~\bandinc, USA for USD 824220.40 un Outright Purchosc basis, as pcr
UIC Inq~onCcrrificc~tcNo. STPIN/lMP/109333/9282007/27678/687
19 dalcd 17.i 1.2009 issued
by STPL, Nuidu (copy cncloxd) ot Nil ratc of duty under Notilicotion No. SUZOO3-Cus.. &led
31-01-2003, as amcndod frotn New kilri ~ i r p o nto hUs Clvbmllogic India Pvt. Lid., A 3b.Uoscn1cclt & Ground Floor, Sccror 64 NOlDA.'rIlc wid gtrods [!lay b~ nllowed clcamco rt
Yours I;nitlilully.

SOFTWARE TECHNOLOGY PARKS OF INDIA


T
m Cov( dl lndlll
IV, 2rrd Floor, Gpnga Softwarm T . c h n d q y Complex,
Sector-29, Nolda 201303 (U.P.1

~ArlAulononrour Souely undo, Mlnlelq ofnI0Jctck

IMPORT CERTIFICATE
-.
MIS.OlobrlLo()I~lndls PvL Lld. has B
lUOZ12001 undo1 Salhvan TeCnnOlogy Polk schmw

II IS can~f~lnr
lrlrl

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6 . ~ 4

aevelopment 8Cllvrly ID b. ~ l o k d

usaU by lhe unll undel SOmwam

rcch~rologyPerk Scheme and nro covetad trj eaernpllon nu\ikatlan no SZIZM35Cus dated 31' March 200)

MISGlobalLaylc lf~dlaPvl. L1.d.


A.30 Baerme1116 Ground Floor.
Soclor44. Hoidn 201301

Copy lo
The Dy Commn&aonsfCurlol~rad CsnlraI

E l m . NodB

&
Hazari Court

CO,

IN VOICE
Globallog~cIntli;~Ci\tt. I.td.,

A.36

U a s e ~ i ~ e&
r ~15roi111d
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Date :

Floor,

Irrvorctl

19.0~~-2009

GL00807-01

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63/3//-

Chief Commissioner of Customs


New Customs House

New Delhi

AMBIKA ENTERPRISES
15 Mail: icdtl<di~~)gmaiI.com.
'I'cl 26304108. 1' 2630401 9

To

Dated: 26.07.2012
The Clommissioner- of Customs (I &, G ) ,
New C:ustoms House, near I. G . I. Airport,
New Delhi

Madam,

Reg: Recei~.)tof Suspensiorl Order bearing No.O:3/NLB/POLICY


/ 2 0 12 a n d grant of Post Decisional Hearing on 27.07.2012.

Denying all the allegations in the aforesaid Suspension


Order which forms the basis of your aforesaid decision, I urge
you to kindly revoke the su:spension as the same is paterltly
incorrect being based on incorrect a n d shoddy investigation
carried casually a n d which eventually concc:als rnore than it
reveals.

The whole investigation h a s turned out to be a n

exercise in shielding the wrong doers and pinning down inrlocerit


persons 1ik:e me.

In this context the following facts and gso~;lnds

based (on appended documentary evidences) may kindly be


considered as the same will

shed light that the material placed

before your goodself for the pix-pose of suspension was incorrect


and exaggerated to malign me a n d
alias Sonu J i
activities

who is the

shield Shri Prashurl Jairl

rnastermind behind the

carried out by the modus

operandi

the fair name of a n export oriented unit

of

smuggling
misusing

as also of

an

established CHA firm which has been carrying out its activities with.
utmost diligence before and even after this incident. Since this is
the first interaction, I a m having with the senior officers after the
design of cover u p operation of some investigathg officers has
becorne manifest to me, I therefore, through you seelk a n enquiry by
any appropriate independent agency since the matter involves not
only customs offence but also forgery. It is with this :intent that I am
also endorsing a copy of this letter to the Chief Commissioner of
Customs, New Delhi whose reputation and investigative ability to
arrive a t the truth is well known.
'That the alleged import happened on 14th December, 2009 the
import document for which were given by Sh. Prashun Jain,
who is also known a s 'Sonu Ji'. This fact is evidenced by a
register maintained a t ours office known as "Office Logbook"
a s per Custom's direction bearing following entries:
(a) S1. No., Party Name

&,

Reference (b) Container No. (c) Size

(d) Bill of Lading (e) Transporter (f) ETA Mumbaiig) Delhi


Arrival (h) IGM (I) J o b No. Cj) J o b Order (k) Out of Charge (1)
Duty (rrt) Elill of Entry Detail (n) Ground Rent, etc.
The above register is maintained by u s from Apri1.2009 to
May, 201 1, in the aforesaid register Entry No. 46 1 pertains to
the alleged import in respect of which the suspension order
has been issued. Photocopy of .the relevant page was resumed
during search operation by the Customs, S.I.1.B.,1.C.L).,
Tughlakabad dated 0 1.05.2012. However, there is no nlention.
2

of the same in the facts placed before you. Needless to say,


that the register has been maintained in routine as prescribed
and all entries are serially numbered and are in chronological
order and therefore have great evidentiary value, the entry a t
serial number 461, copy of which is enclosed a s Annexure-A
clearly indicates that the Global Logic India Private Limited
was referred by Shri Sonu Ji, which is popular name is Mr.
Prashun LJain and same can be checked from CHA Circle a s
well a s my employees.
At Annexilre -A, I am also placing certain courier receipt of
2008 arid 2009 addressed to Sonu Ji a t the same address at
t:he relevant time was registered address even a s per CHA
records of Shri Prashun Jain. The evidences a s above can 'be
subjected to any forensic examiliation relating to time and
rnaking entries etc., if so desired by the Department.

Since the forgery in documents was conducted by Shri


F'rashun Jain,

a s truthfully stated by me in my statement

dated 0 1.03.2012 before Shri N. P. Sharma, Superintendent of


Customs, ICD, Tughlakabad, there are bound to be number of'
documents like procurenlent

certificate etc. available in

normal course having the handwriting of Shri Prashun Jain


and same can be subjected to forensic examination to arrive at
the truth of my assertion that Shri Prashun Jain was the
actual culprit who committed forgery exploiting lack of
knowledge of everyone concerned.
3

It was only around 29t11

November, 20 11, the undersigned through Shri N . P. Sharma,


Supdt. learnt that the re-warehousing certificate of Global
Logic India Private Limited was still pending and had not been
sent by the concerned Excise Range/ importer to the

ICII,

Tughlakalbad Authorities. That, thereafter I started making my


own inquiries including reaching out to Shri Prashun Jain
who was found unavailable at the known address and also to
reaching out Global Logic India Private Limited at the address
given on the Bill of Entry. On 28th February, 2012 I made a
police complaint a t h l Prahaladpur Police Station, a copy of
which is placed a s Annexure-B, since the matter involves,
inter-alia, aspect of forgery on 2gLhFeb., 20 12, I also made
complaint to CBI, through speed post a s well a s to the
Commissioner. (Import and General).

Relevant letters with

evidence of dispatch are placed a s Annexure-C.

On 1" March, 2012 in response to a Summon issued by the


Superintendent I appeared before Mr. Sharma, Supdt., who
recorded my truthful version under sectio~i 108 of the
Customs Act, 1962, extract of which is culled out in Para-6 of
the Suspeinsion Order. The f ~ d statement
l
to bring on record
all the facts is placed a s Annexure-D a s I have been orally
informed in response to my letter dated 23.07.2012 addressed
to the Clonlmissioner (I & G) that only extract a s culled out in
Suspension

Order is available and that

copies of the

statements can be received from ICD, TKD, since the full text

of all the Relied upon Documents is vital to iny defense and


the same was not supplied to me therefore I approached to
Commissioner of Cust.oms, ICD, TKD through later dated
2 4 . 0 7 2 0 12 (Annexure-E).
On 0 1.05.2012 i.e. after approximately two and a half years of
the alleged illegal import, a search was conducted in my office
at ICD, TKD and whatever documents were considered
relevant by the search team were resumed from the place.

On 07.05.2012, 1 again approached Mr R. S. Yadav, Supdt. in


response to

summons and thereafter provided following

documents which were available in my office (1) details of


transporter were given to him.

Thereafter on 04.07.2012

statement of Shri Lallan. Kumar, i.e. my employee was


recorded which I presurne was not incriminating and has not
even been. mentioned in the material placed before the
Commissi~~ner
of Customs, ICD, Tughlakabad while reporting
for suspension. However, I am in possession of letter datr:d
13.07.2012 wl-lich is in nature of elaboration of facts by Shri
Lalan Kuniar and is addressed to Mr. R. S. Yadav, Supdt.,
same is placed a s Annexure-F.
Further it was found by me on 16.07.2012 that my suspension
of license h a s already become effective in ED1 System and I
could not enter any paper and therefore the Suspension Order

issued by you on 17.07.2012 and served u p on me on

2 1.07.20
12, was reduced to a mere formality. A letter dated
18.07.2012 to the Deputy Commissioner; ED1 in this regard is
placed on record a s Annexure- G .
The investigation so far done by the investigating officers of
the Department leaves a number of questions unanswered a s
indicated below:
(1)

Why

no

forensic

evidence

has

been

collected

of

handwriting of records in documents like procurement


certificate and

Import Certificate, Invoice with the

handwriting of Shr.i Prashun Jain?


(11)

Why the investigation is not covering the aspect a s to


what happened to the goods after these were transported
to de:stination a s per the transporter's statement and to
whom the goods were sold and by whom?

(111)

Why the investigation is not covering the aspect as to


who was the foreign exporter and to whom he was linked
whether to me or Shri Prashun Jain?

(IV)

Who in the past was more closely associated with Global


Logic India Private Limited while working in the CHA firm
M / s V. K. Jain & Co., (an appointed CHA Company of'
M / s Cilobal Logic from 2002 onwards and ex-employer for
Air Cargo and other ports of Delhi)?

(v)

Who in the past has shady dealings and past record of

contraventions

serious

with

Customs

Authorities?

Despite my mentioning that as per press reports and

RTI information received by me Shri Prashun Jain


was involved in the smuggling activities and was also
arrested

on19.11.2010 by

the

Commissioner of

Customs (I & G). New Custom House near IGI Airport,

New Delhi, in which case also he had duped i.e. Shri


Rejerider P. Kapoor Proprietor of M / s Rajinder P. Kapoor
(CHA company) by misusirig his identity without his

knowledge.
The .mod.us operandi used by Shri Prashun Jain was
sirnilar a s name of an EOU i.e. M / s Rajdhani Krafts and
forged documents were used even in that case as per
public press reports, a s annexed as Annexure-H.
(VT)

Why the statement of Shri La.lan Kumar along with his


ela.bo:ration of
recommending

facts

was

not

placed

before

the

authority while reportirig the whole

matter to you?
(VII)

Who continued to make more such illicit: imports after


the success of illicit imports in this case?

(VIII)

Who had taken on rent the premises or the warehouse in


which

purported

containers

were

landed

by

the

transporters and whether the landlord of that premises is


even aware of my identity?
(1x1

Wh.ether overseas exporter in the above case in which


Prashun Jain was arrested and in this case is the same
person

and whether they were booked from the sarrle

cou~itry?
(XI

Whether due diligence was exercised by the officers who


cleared the consignment at each stage and thereafter i11
getting t.he re-warehousing certificate with in stipulated
time or whether there has been any contributo~y
negligence?

To fortify rny assertion that fake documents were produced by


Shri Prash.un Jain and the forgery was so diligently done and
operation carried out so meticulously that he managed to
dupe not only the undersigned but also all the Customs
officers who dealt with the documents and the forgery had the
potential to deceive any person and that mastermind was
Prashuri ,lain only, I am producing herewith a forensic
evidence

of

a handwriting expert -Annexure-I which

scientifically establishes that Prashun Jain was the man


behind the whole illicit import and even at this stage is
managing to escape by coming out with false statements
before the investigating officers.

For the reasons a s aforesaid, we also seek cross examination


of transporter and Shri Prashun Jain in this regard to
establish the truth.
LEGAL SUBMISSIONS:

In addition

110

above factual details, following legal submissions

are made:
(i)

that report of Commissioner ICD TKD on the basis of which


suspensio:n order h a s been issued did not take into account
the vital testimony of Shri Lalan Kumar a s contained in his
12 and 13.O7.20
12 and therefore,
version d.ated 04.07.20

require re-consideration.

(ii)

that the report given by the Commissioner, ICD TKD, is


outcome

of

improper

and

misleading

investigations as;

indicated above and requires re-consideration.

(iii) that knowledge of fake documents cannot be attributed to me


or any of my staff member and was solely in the knowledge of
Shri Prash.un Jain.
Reliance in this regard is p l a c e d o n :

2010
(252) E.L.T. 442 (Tri. - Ahmd.) PRAKASH
(a ) POONIA
V e r s u s COMMISSIONER OF CUSTOMS,
KANgm
Penalty on CHA and its employees - Bogus/Forged
licences, evidence - Statements of appellants and records
nowhere show any corroborative evidence against:

appellants that they were having knowledge of


bogus/forged licences before clearance of goods Customs authorities examined the licences but did not
find any discrepancy in licences and allowed clearance of
goods - No case against appellant that they were having
any knowledge of forged/bogus licences during process of
clearance of goods - Penalty not imposable - Appeals
allowed - Section 1 l2A of Customs Act, 1962. bars 71
( b ) Z O1 1 (274)E.L.T.193 (Tri. - Del.) KAMAL SEHGAI,
Versus C O M M I S S ~ N E ROF CUSTOMS, NEW DELHI

C~xstomsHouse Agent's licence - Suspension of - Licence


continuing suspended for the last 16 months - Offence
not a-bout any action done in capacity as Customs House
Agent, but about not notifying Department about his
knowledge that importer had intent.ion to smuggle goods
- Irrlpugned order passed before appreciating full
evidence and considerable time lapsed after suspension
order - Show cause notice proposing revocation of licence
alr.eady issued - Considering all aspects, suspensioii
order set aside with liberty to Department to proceed with
show cause notice ibid and without giving finding in the
matter of involvement of appellant in alleged smuggling of
goods - Regulation 20 of Customs House Agents
Licensing Regulations, 2004. [paras 8, 91

(iv) that the suspension a t this stage when the matter is more
than 30 months old and there is no fear of destruction of any
evidence etc, is unwarranted and such a late carriage of
suspension is in any case against the spirit of law as laid
below requiring that suspension should be immediate

Reliance in this regard is placed on:

(a) Kamal Sehagal versus Commissioner of Customs (General),


New Dellii as reported in 201 11274) E.L.T.193 (T-Del.) "In the
meanwhile his license has been suspended. Such suspension is normally
done to ensure that he does not misuse his position as CHA, having access
to Custorns area to desiroy evidence if any, and also to be on guard about
his a c t ~ ~ involvement
al
that may be unearthed during investigation. ."- Pars8
I t is obvious that after 30 months of the incident such reasons cannot be
stated to exist.

(b) 2009 123'7) E.L.T. 549 (Tri. - Chennai) VENUS SHIPPING!


AGENCIES Versus COMMISSIONER OF CUSTOMS,
CHENNAI
Customs House Agents Licence - Suspension of - Licenct:
suspendell after nearly three months from date of filing of
second shi-ppingbill - No show cause notice for suspending or
revoking t:he licence h a s been issued to appellants - Licence
issued to a CHA could be suspended only in cases where
immediate action was necessary and that too where enquiry
against CHA was pending or contemplateti - Order of
suspensior1 of CHA's licence set aside - Regulation 20(2) of
Customs House Agents Licensing Regulations, 2004.
(c)

2009 (246) E.L.T. 641 (Tri. - Chennai) VECTOR FREIGHT


FORWARDERS Versus COMMISSIONER OF CUSTOMS,,
TUTICORIN

Customs House Agent's Licence - Suspension of - Immediate


action - Suspension ordered on 18- 1 1-2008 though
contraband exported with assistance of CHA had been seized
on 12-8-2008 - Prima facie licence of CHA deserved to be
suspended irnmediately thereafter pending enquiry Suspension of CHA licence on 18-1 1-2008, i.e. after three
months of seizure of contraband was not consistent with
provisioiis of Regulation 20(2) of Customs House Agents
Licensing Regulations, 2004 - No additional material
evidencing culpable irivolvement of CHA in export o f
11

contrabarid gathered in investigation between 22-9-2008 and


18- 1 1-2008 to justify decision of Commissioner that the
appellant being allowed to continue to function a s a CHA
would jeopardize Govt. Revenue - Pending completion of
investigation under CHALR, 2004, the charge of violation of
various clauses of Regulation 13 ibid has been premature1.y
found. [paras 5, 6, 71
(d) 2009 (233) E.L.T. 92 (Tri. - Mumbai) AM1 CLEARING &FORWARIDING PVT. LTD. Versus COMMR. OF CUS. (GI,
MUMBAI:
Customs House Agents Licence - Suspension of, immediate
suspensio:n - Suspension of licence in year 2008 for events
that took place in 2005 - Abetment in fraud, diversion of
imported duty free goods in local market - Director of CHA
carried cash from traders to importer, arranged stamp papers
for high sea sales, transporting goods for delivery in local
markets - CHA involved himself in illegal activity thereby
violated Ci~stomsHouse Agents Licensing Regulations, 2004 -.
Delay in suspension a s matter noticed by Commissioner at
later stage following adjudication order Emergent situation to
call for immediate suspension of licence - Regulation 20 ibid.
[para71
(e)

2006 (199)E.L.T. 340 (Tri. - Chennai) A.V. THOMAS & CO.


LTD. ~ e ~ COMMISSIONER
u s
OF CUSTOMS, COIMBATORE
Customs House Agents Licence - Suspension of - Information
about incident in year 2003, forming basis of ground of fraud
by employee of CHA, given to department by two letters in
January 200' - In February, 2006, licence suspended pending
enquiry, on grounds of 'urgency' - Prima facie the delay of two
years in initiating action revealed lack of bona fides about
ground of urgency, which had to be determined with reference
to date of acquisition of knowledge of department about that
incident - Suspension order stayed - Regulation 20 of Customs
House Agents Licensing Regulations, 2004 - Section 129E of
Customs Act, 1962. [para 41
-

2005 ( 1 8 9 ) E.L.T. 1 2 7 (Tri. - Mumbai) CANNON SHIPPING


CO. L T A Versus COMMISSIONER OF CUSTOMS, MUMBAI

(f)

Customs House Agents Licence - Suspension of - Delay of


about 3 years between filing of Shipping Bills and recording of
CEO and Directors of appellant at Delhi and subsequent delay
in suspension of licence not satisfactorily explained - Further,
fact of address at Delhi being doubted to be genuine not calls
for a suspension - Suspension of licence set aside - Regulation
21 of Customs House Agent Licensing Regulations, 1984 Rule 22 of Customs House Agents Licensing Regulations,
2004.
that there is nothing in suspension order that indicates that

(v)

a n inquiry is pending or is completed, as is the legal


requirement under regulation 20.
Reliance in this regard is placed on:
-

2008 (228)E,L.T, 65 (Tri. - Chennai)SANDEEP & COMPANY


Versus COMMR, OF CUS., CHENNAI

Customs House Agent's Licence - Suspension of - Immediate


suspension - Attempt to smuggle red sanders in guise of rice -.
Order passed after 6 months without any finding that.
appellant CHA was involved in any illegal transaction or.
abetting in any act of violation of provisions of CHALR and
without specific/proven basis - The charges are of general
nature for violations of provisions of Regulation 13 of Customs
House Agents Licensing Regulations, 2004 - S u s p e n s i o n
under Regulation 20(2) ibid i s c a l l e d for w h e n
Commissicmer f i n d s that an enquiry a g a i n s t CHA i s
p e n d i n g o r c o n t e m p l a t e d - In red sanders case no action till
date initiated against CHA for involvement in illegal export in
April 2007 - Immediate suspension should have taken place in
April 2007 - Delay of 6 months under Regulation 20(2) ibid is
ground enough to vacate the order and shows lack of
application of mind by Commissioner - Suspension of licence

un-justified and uncalled for - Impugned order set aside


Regulation 20(2) ibid. [paras 5,6) 71
(vij

that suspension h a s been mechanically invoked without


considering all evidence on record

a s on the date of

suspension and that your office was only provided with


selective portions of the statement and not even the copies of
the state~nent,a s informed by Supdt. (Policy) in your office,
when we approached him on 23.07.2012 for supply of RUD's.

(vii) that till date we have not been supplied with RUD's by either
your office or the Office of Commissioner of Customs ICD, TKT)
despite request in this regard.

(viii) that tht: suspension was invoked in ED1 system even prior to
issuance of the impugned suspension order and its service
and is therefore has been done a s a mere formality.

In view of the foregoing it is requested that the suspension


may please be revoked a s the same is unwarranted and improper.
Thanking you.,
Yo\\

faithfully

Encl: As above

M / s Ambika Enterprises

/Copy to th!e Chief Commissiotler of Customs, NCH, New Dellii


with request to kindly get the proper investigation done in the

matter.

M / s Amhika Enterprises