Document Fragment View

Matching Fragments

The petitioner had not set out the documents which have not been translated. In the counter, it is stated that Tamil translation of all the documents excepting the customs clearance, opening of bank account, obtaining of import export code from the Office of the Director General of Foreign Trade, which the detenu has dealt with as such, have been furnished. The detenu is aged 35 years and he has studied upto X Standard. He had been dealing in the business of export and import. He had applied for the allotment of Importer Exporter Code Number in his application dated 30.10.2000 for his company M/s. Blue Wave Impex. He had obtained a rental agreement for the premises bearing Door No.3, Dr. Thirumurthy Nagar, Fifth Street, Nungambakkam, Chennai-3 4 dated 30.8.2000. He had applied to the Manager, Bank of Baroda to open a current account. He had intimated about the change of premises to the Bank of Baroda. He had issued a Certificate of Proprietary Form for his company to the various offices, all written in English and signed by the detenu in English. Apart from this, invoices were raised in the name of the detenu's comp any M/s. Blue Wave Impex by the Singapore Company and these were submitted to Lotus International Service, the detenu's clearing agent stating that he had imported 336 pedestal fans. Though the invoice as well as the checklist bill of entry did not contain the signature of the detenu, these documents namely the invoice, checklist, declaration form for filing a bill of entry were and could have been processed only with the clear knowledge and understanding of the detenu. All other documents like opening of bank account, rental agreement, application for exporter importer code number etc. were all filled up in English and signed by the detenu in English. Therefore, we are unable to agree with the contention of the learned counsel for the petitioner that the petitioner was not served with the true English translation of these documents in order to make a proper representation. From these documents, it is very clear that the detenu had a good working knowledge of English even though he has studied only upto X Standard and all these transactions, namely opening of bank account, obtaining of import export code as also the documents relating to customs clearance through his clearing agent, which according to him are not translated, have originated only with the knowledge of the petitioner.