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SWASTIK SHIPPING AGENCY PVT. LTD. Versus COMMR. OF CUS. (G) , MUMBAI

2007 (12) TMI 374 - CESTAT, MUMBAI

Revocation of Customs House Agent’s Licence - forfeiture of security deposit - smuggling of goods - Regulations 13(d) and (e) and 20(c) of the CHALR, 2004 - C/974/2007 - A/38/2008-WZB/C-I/(CSTB) - Dated:- 24-12-2007 - Ms. Jyoti Balasundaram, Shri K.K. Agarwal, JJ. REPRESENTED BY : Shri A.V. Naik, Advocate, for the Appellant. Shri C. Lama, JDR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - The brief facts of the case are that DRI officers effected a seizure of 4,00,000 p .....

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herein, stated that the seized consignments were imported by one Shri Umesh Shetty and that the Import Export Code (IEC) of the firms above mentioned was in the name of Shri Yogesh Merchant who used to provide the IEC to various importers/exporters for export/import of consignments in the name of the above firms for monetary consideration. Shri Puthran admitted that the consignments have been misdeclared in the import documents as plastic parts for toys and also admitted that he knew Shri Umesh .....

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necessary procedure he (Shri Puthran) used to obtain the signature of Shri Yogesh Merchant on the import documents. Statement of Shri Yogesh Merchant was also recorded which corroborated the statement of Shri Puthran. Statement of Shri Himanshu Ajmera, an employee of M/s. Chandresh Shipping, was recorded on 22-2-2006, in which he stated that he had done customs clearance for the appellants for two importers, M/s. Orbit International and M/s. Drashti Overseas; that these two firms used to import .....

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after duty was paid he used to deliver the consignments to one Shri Ravi of M/s. Swastik Shipping Agency who used to travel with tempos to the destination as directed by Shri Puthran. In his statement dated 18-7-2006, Shri Puthran stood by his original statement and stated that the retraction dated 22-2-2006 filed by him was not true and correct but was an afterthought on the advice of his advocate. Shri Shetty s statement corroborated the statement of Shri Puthran. 2. In view of the above .....

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egulation 13(d) provides that a CHA shall advise his client to comply with the provisions of the Customs Act, 1962 and in case of non-compliance, shall bring the matter to the notice of the Deputy Commissioner of Customs or Assistant Commissioner of Customs. Regulation 13(e) provides that a CHA shall exercise due diligence to ascertain the correctness of any information which he imparts to a client with reference to any work related to clearance of cargo or baggage. Regulation 20(c) provides for .....

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paragraph 8.5 of the impugned order that no corroborative evidence of retraction of statements of any of the witnesses including Shri Niranjan Puthran is contrary to the record, does not really advance his case. Further, independent of the statement of Shri Puthran, there is material on record in the form of statements of Shri Himanshu Ajmera and Shri Ketan Popat to nail the appellant. Further, in Criminal Writ Petition No. 2096 of 2006 filed by the wife of Shri Puthran, challenging the detentio .....

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ant extract from the High Court s judgment is reproduced herein below :- 14. In the present case, the detenu is a Custom House Agent. The seized consignments were imported by one Umesh Shetty, who was introduced to the detenu at Sahar Airport. Umesh Shetty told the detenu that he was planning to import analog watch movements by misdeclaring them as parts of plastic toys. He told the detenu that he needed Import Export Code for importing the said analog watch movements and he should arrange .....

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Import Export Code. The detenu asked him whether he can give the Import Export Code of his firms for importing the goods to that person and in return he would get Rs. 2,000/- to Rs. 2,500/- per consignment. Yogesh Merchant agreed for this arrangement. Yogesh Merchant has further stated that the detenu took details of both the firms and details of the Import Export Codes. The detenu used to take his signatures on the import documents including letterheads and declarations in the name of his firms .....

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