Escolar Documentos
Profissional Documentos
Cultura Documentos
LT
,",
.. .
Dated: 2 / 8 / 12
;.,
'
.:
To
. ',,
~
.I
,:
. ,
(a)S1. No., Party Name & Reference (b) Container No. (c)Size
(d) Bill of Lading (e) Transporter
U) Job
'
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
Jain,
P. Sharma, Superintendent of
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
response
to
summons
and
thereafter
provided
following
Thereafter on 04.07.2012
for suspension.
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
Import
Certificate,
contraventions
with
Customs
Authorities?
on19.11.2010 by
the
Commissioner
of
Annexure-H.
8. If Relied Upon Documents of above case of air cargo of 2010
Prashun
Jain
not
clearing
the
forged
(:Q How did Prashun Jain got the access of identity of CHA
M / s Rajinder P Kapoor?
provi.ding "Clearing
&,
mediator in the
pattern
(1) Signature
&i
&i
cargo, PPG
&, ICD
Praslnun Jain .
10. Who continued to make more such illicit imports after the
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
and
Thanking you,
Encl: As above
PRAVEEN GARG (CHA)
M / s Ambika Enterprises
Appendix
T
I
expert
&, RTI
information
NAMUCODE
AODRESS
CUSTOMER CODE NO
prG8=
BOOKING
BRANCH
NAME l CODE
ADDRESS
- - - . ... .BRANCH
NAMEICODE 1
ADDRESS '
I
\ c:'\
\?
\L
I RATE .
Itl.
PIN,
BRANCH CODE
.-
'
ere
e.
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
PRAVEEN GARG
PROP. ,
M/S AMBIKA IENTERPRISES
ROOM NO. 205 C, SECOND FLOOR,
CONCOR BUIL.DING, ICD TKD, NEW DELHl
,,.;,..
L ,;
. . , , . . . ...
, ' . ..il..
: - ? -
'
.$.',,.,
Fi.~~:;'.:..:.
.,
:;,
A:r,t:: :'.;
T3r.~s:-.-. , . , ;
.. . .
...,
: : .
1 . .
..,
.:,
...
,
;.) 7 ! q
-,,!.:..b.:
15::.
DATE: 28.2.2012
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
Booked On
DWARKA SEC6
1269057(~1N
'
It*) I! !\J(,ls1
Delivered at
29/02/2012
Delivered on
02/03/2012
01/03/2012
-Status
status at
16:14;44
DWARKA SEG6
Item Booked
19;11:33
DWARKA SEG6
19:45:48
DWARKA SEC6
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
--
i
k
!
&
R
--
04:31:27
NEW DELHl
Ban
- Received
02/03/2012
05:08:54
NEW DELHl
02/03/2012
09:07:39
Bag Receiwd
09:07:46
Bag Opened
09:07:47
Item Recelved
00:00:00
LODl ROAD H . 0
rTGGz-
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
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
--
iNEW
2
1
DELnl
---
08:37:19
Date
19:45:48
I I:,
I B-~RQe c e i d
I
GURGAON ROAD
Bag Recelwd
GURGAON ROAD
Bag Opened
GURGAON ROAD
Item Recelwd
GURGAON ROAD
-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
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
-- - -
AMBZKA ENTERPRISES
- --
--
- -
- -
--
To
The Commissioner of customs,
ICD, 'TKD,
N Delhi 110020
{.i
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
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,
--
--
--
.-
--
-- --
AMBLKA
ENTERPRISES
---- -
--
--
Letter of
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,
---- -
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:
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>'
'
Dated: 17.07.2012
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.
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.
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
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.
Faridabad, (Haryana)-121010
111 tlicir
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:
!
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'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
~ ~~
and
i ~ l l i ) l . ~ n ~ ~ ~ i i jnecessary
ri
action
., *; C,.
.
.\:* >
-,
..
!.
..
.
I..'..
,,-._'_ .
I
. ..
, .
.'
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
Member
.-
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
N#-7476-W/ 1;257
2 1 6 ~ 7 d 212
0
17/07/2012
EXAIMINED
----
1.
2.
-P
-- O I N T
U N D E R ENQUIRY
CONSULTA'TLON
OPlNlON REPORT
comparison, my
detailed
U.
C.
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.
D.
OPINION
-----
and reasoned opinion that the disputed figure writings tally with
comparative figure writings and belong to one and the same
person
M.A. LL.M.
DIPLOMAA.l.A.Sc.(USA),
CERTIFICATE
IN URDU, URDUACADEMY(~ELHI).
EXAMINER OF QUESTIONED DOCUMENTS
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
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.
IMPORT CERTIFICATE
-.
MIS.OlobrlLo()I~lndls PvL Lld. has B
lUOZ12001 undo1 Salhvan TeCnnOlogy Polk schmw
II IS can~f~lnr
lrlrl
~ ~ approved
I I
aevelopment 8Cllvrly ID b. ~ l o k d
rcch~rologyPerk Scheme and nro covetad trj eaernpllon nu\ikatlan no SZIZM35Cus dated 31' March 200)
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
t
Date :
Floor,
Irrvorctl
19.0~~-2009
GL00807-01
'I Nu
I
12
j I
;
4
r
I G
: 'i
10
11
i 12
13
i
I
15
I ti
17
18
....
Qty
i! ---..-.-
.----.------.---
----..----A-
---. -
[Amount - -I
TUn~tPrice
-.-----
\1
i
'
H ~ c kMO,UI'I~
GLC-TIOOU [lase -7SFP
....,....-.,__L-.
I
,
1...... ...
5','!IIT COD( M S U C S L C ~ ~ ~
trc';\
..(
..
. .
.I
...
824220.30
63/3//-
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,
who is the
operandi
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
&,
ICII,
copies of the
statements can be received from ICD, TKD, since the full text
Thereafter on 04.07.2012
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
(111)
(IV)
(v)
contraventions
serious
with
Customs
Authorities?
on19.11.2010 by
the
Commissioner of
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)
facts
was
not
placed
before
the
matter to you?
(VII)
(VIII)
purported
containers
were
landed
by
the
cou~itry?
(XI
of
In addition
110
are made:
(i)
require re-consideration.
(ii)
of
improper
and
misleading
investigations as;
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:
(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
(f)
(v)
a s on the date of
(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.
faithfully
Encl: As above
M / s Ambika Enterprises
matter.
M / s Amhika Enterprises