TMI Blog1985 (2) TMI 291X X X X Extracts X X X X X X X X Extracts X X X X ..... elhi. On the day we heard this appeal we also heard the appeal filed by Shri Brij Mohan Mehra, Proprietor of M/s. Bee Emm (India) Export. As the order of the Collector of Customs and the order of the Board dealt with both these persons M/s. Bee Emm (India) Exports and Mr. Brij Mohan, we heard the arguments together on the same day i.e. 8-1-1985. 2. The learned Counsel Mr. Jain who appeared on behalf of M/s. Bee Emm (India) Exports and Mr. Brij Mohan Mehra began by saying that he had asked for the seizure report but this had not yet been supplied to him although the Bench had ordered the supply of the seizure report, when the case last came up before the Bench on 9-10-1984. Mr. Ohri, the learned Counsel for the Department, said that no se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... But this report has not been tested nor have any persons been offered for cross-examination. Furthermore the consignment left New Delhi on 31-10-1972 arriving the same day in London and was transhipped on the same day to another flight and arrived at New York on 1-11-1972. There it was transhipped to another airline, American Airlines by which it arrived at San Francisco on 4-11-1972. The hashish was recovered by U.S. Customs on 6-11-1972. It will be seen, said the Counsel, that at these various points of transhipment it was easy for somebody to slip the hashish into the consignment without anybody s knowledge. In matters of transhipment, a number of people would have handled the consignment ( and the consignment therefore lay open to tampe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consignment and he denied that there was such a seizure, there is no evidence to connect the hashish with Bee Emm (India) Exports or Brij Mohan. There has been unexplained delay in proceeding with the case. The shipment took place in October, 1972, and by February 1973 the Custom House was already in contact with the U.S. Customs about the seizure and has already taken the statement from the Director of clearing agent M/s. Continental Carriers. A statement was taken from Shri Brij Mohan in April 1973. Strangely enough, the show cause notice was only issued on 16-10-1978. For the delay alone, the case ought to be set aside. If the Custom House could not make up its mind from 1973 to 1980 it can only because the evidence against Brij Mohan an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od as the Collector thought the adjudication should have been completed in a more reasonable time than this. But we come back again to the gap of 6 years, if we include the adjudication time, it would be a gap of 8 years. 9. We are not satisfied that the inaction and silence of the Customs was because of impediments and difficulties in bringing the case to a conclusion. The message received from the U.S. Embassy show that the hashish was found with the consignment shipped by M/s. Bee Emm (India) Export. But significantly this sentence runs in the report A review of the reports and documents collected during the investigation does not reveal any information which positively identifies the Indian exporter or which indicate shipper s knowl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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