TMI Blog2004 (8) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. The articles of Charge-I related to the charge of sale or transfer of licence by CHA. S/Shri Ramesh Singh and Ramdutt Singh had confirmed in their statements that they were engaged in the clearance of goods through customs and did not have CHA licence and Shri M.I. Qureshi, partner of M/s Crown Shipping Agency used to come to their office to sign the shipping bills and other documents. Shri Qureshi had in his statements confirmed that he had filed and signed the Shipping Bills of M/s. Valco Overseas; that he did not know the exporter and his employee Shri V.H. Jadhav has also signed the Shipping Bills; that their documents had been given to him by Shri V. Gaonkar, Shri Gaonkar in his statement had admitted that Shri Qureshi had taken a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which confirm use of CHA licence by persons not authorized by M/s Crown Shipping Agency, to act on its behalf in getting clearances of goods through Customs and signing of documents by Shri Qureshi without ensuring correctness of contents clearly implying were of licence for monetary considerations and thus failing to insist for fulfilment of obligations placed on a CHA would normally do if it was not compromised by constraints of having been paid to go along with the requirements of unscrupulous exporters. Any amends made later by assistance to Department in investigations against the exporter cannot lessen the gravity of offence committed earlier. Thus, the charge rests not only on the statements of various persons referred to above, but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A licence of Shri Qureshi. Shri Vishwas Gaonkar in his statement dated 12-1-2001 stated that Shri Qureshi had taken Rs. 30,000/- as deposit for allowing him to use the CHA licence of M/s Crown Shipping Agency. Article of Charge II : As per CHALR the (a) authorization was required to be obtained from each company, firm or individual for whom he is working as an agent and produce such authorization when ever required by Assistant Commissioner of Customs. The goods were - Whereas, in the instant case, Shri M.I. Qureshi was not knowing the exporter of M/s Velco Overseas. The documents were given to him by Shri Vishwas Gaonkar. Therefore, it appears that the authorization had not been taken from the proper person. He did not know the expor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he foot of the Annexure-B neither the name of the exporter nor the name of exporting firm had been filled. Thus, the said CHA acted in gross contravention of the provisions laid down under Regulation 14(1) of the CHALR, 1984. Article of Charge in case of M/s R.S. Exports : Charge I : As per Regulation 20(7) Supervision necessary to ensure proper conduct on employer in the transaction of business as agent not effected on the goods - Whereas, in the instant case, the statements of Shri S.K. Rane S. No. 706, Shri Dyandev More Shri Vijay H. Jadhav recorded from time to time it revealed that the person who had come with the aforesaid eight shipping bills of M/s R.S. Exports, New Delhi, was Shri Vijay Jadhav, another employee of M/s Crow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CHA after obtaining authorizations from the clients, merely because they are alleged to obtain a deposit of Rs. 30,000/- from one Shri Gaonker will not be cause or case to bring them under the charge to have sold or and transferred the CHA licence. Surely a Transfer of CHA licence will not go hand in hand with subsequent obligations to be performed under the licence by the appellant. Transfer however temporary is therefore not inferred. The Article of Charge II that he was not knowing the Exporter M/s Velco Overseas and documents were given to him by Mr. Gaonkar and in his having obtained a deposit of Rs. 30,000/- from such unknown exporter, which are not proved in any case, would indicate business prudence and not sale or transfer of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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