TMI Blog2014 (2) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... officers but their conscious involvement goes to the root of the matter. They abated commitment of the offence. Prima facie, observation made above brings out categorically how the racketeers attempted to export the red sanders with the knowledge of some of the customs officers. But unfortunately those officers have not been brought to the fold of the law by the present adjudication order. It would be proper for ld. CDR to take-up the matter with the D.G. vigilance for appropriate measure under law - The role of CHA in the entire case can be appreciated for its exclusive knowledge about the racket. So also its Director, Shri Narendra Tater was equally a conduit in the entire smuggling. Therefore, it would cause serious prejudice to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. It was submitted by Ld. counsel that responsibility of the exporters ceased when the goods were delivered to ICD. Seal was intact when the goods were exported. 4. On behalf of the CHA in SP No.57625/2013 in Appeal No. C-57053/2013, it was submitted that this appellant was innocent and has nothing to do with the allegation of Revenue because the furnitures were properly been stuffed in the container and were exported. Therefore, imposition of penalty of Rs.5 Lakh on CHA is unwarranted. It was further submitted that CHA has not arranged the trailer to export. The exporter made payment to transporter as well as to ICD, RAJSICO directly. Payment was also made to M/s. Max Shipping and Forwarding Pvt. Ltd., Basni, Jodhpur directly. Theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Executive were exporters. They were only freight forwarder as shipping agency without knowledge of the goods inside container. Therefore, they should not be penalized and no pre-deposit may be called for from them. 7. Revenue submits that the shipping agency could have prevented the mis-declared export of red sanders. But they did not. While they owe responsibility to the custom as bailee, they failed in their duty to bring the fraud to the notice of customs to prevent export of the offending goods for which customs suffered. Accordingly there should not be leniency in dispensing pre-deposit in any of the stay applications. 8. So far as other appellants are concerned, Revenue submitted that Mr. Ismail Khan was found to be intimately co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otential exporter for using him into smuggling of Red Sanders Logs. He contacted Shri Ismail Khan of M/s. Mehar Traders, Jodhipur and placed the export orders to the said exporter. He took into confidence various laymen persons at Ahmedabad and with the help of these persons managed to buy a truck/trolley in the name of one of these persons and made use of the said truck/trolley bearing Registration No.GJ-18T 1012, in smuggling of Red Sanders Logs out of India. He grew acquaintance with the exporter and took him into confidence for doing things to his favour. He also impressed upon the CHA of the exporter to get the duly sealed container loaded on the aforesaid truck/trolley for transportation from ICD RAJSICO, Jodhpur to Mundra Port, as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of proof of his actual identity. He appears to be a very professional offender and took all precautionary measure to hide his actual identity and left no traces to find out his exact whereabouts. Thus Shri Abdul Jaffer Sattar of Chennai absconded himself from investigation and has rendered the 606 logs of Red Sanders totally weighing 15.585 MTs liable for confiscation under Section 113 (d) (i) of the Customs Act, 1962. He has also rendered himself liable for penalty under Section 114 of the Customs Act, 1962. [Emphasis supplied]. 13. It is surprising how liability of the exporter ceases upon LET export order when an exporter incurs liability committing fraud against Revenue. 14. Role of the shipping agency, its Managing Director as w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omehow or other involved themselves in the smuggling of red sender. Accordingly Ismail Khan and Pap Fast Moves (I) Ltd. are directed to deposit Rs.5,00,000/- (Rupees five lakh only) each within four weeks from today and compliance made on 03.12.2013. Shri Narender Tater, Director of M/s. PAP Fast Movers (I) Ltd. is also directed to deposit Rs.1 lakh (Rupees One Lakh) within four weeks and compliance made on the above date. 18. Keeping in view the role of the shipping agency and its officers, M/s. Max Shipping and Forwarding Pvt. Ltd. in Appeal No.C-58074/2013 is directed to deposit Rs.30 lakhs (Rupees Thirty Lakhs only) within four weeks from today and make compliance on 23.13.2013. 19. Shri S.P. Singh, Managing Director in Appeal No. C ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
