Document Fragment View

Matching Fragments

5. It is, therefore, necessary to examine the grounds. In brief, the detenu has been detained because apparently he allowed use of his Import Export Code Number, hereinafter referred to as "IEC number", to two persons, viz., Pradeep Kashid and Baldev Perhar, who in turn smuggled certain electronics goods from Dubai such as T.V., VCD players, battery cells, etc., in the guise of importing wooden frames with photographs. This is said to have been done in two containers bearing Nos. CRXU-9403134 and CRXU-9332257 imported by M/s.Omkar Manufacturer i.e. the detenu's firm, under the aforesaid IEC number.

10. On a perusal of the said statements, the detaining authority vide para 21 came to the conclusion that the detenu conspired with Kashid and Perhar for illegally importing electronics goods under the guise of wooden photo frames and "willfully allowed the above two persons to use the Import Export Code Number of your firm for importing the goods, for a consideration of Rs. 7,000/- per container". Further, the detaining authority has come to the conclusion as under:

You were also aware that these goods have been ordered, arranged and handled by the above-mentioned two persons and wilfully allowed Shri Pradeep Kashid and Shri Baldev Singh to handle all the formalities such as preparation of Bills of Entry, filing with customs department, dealing with the Shipping Lines, attending examination of goods done by customs officer, taking delivery order from the Shipping Lines and all the customs formalities in respect of the goods imported in your firm's name and purported to be cleared illegally without declaring the same to customs authorities. During the investigation, you concealed from the DRI Officers at the time of giving your first statement before DRI, that you had met the other co-conspirators viz. Shri Pradeep Kashid and Shri Baldev Singh Perhar on 27/8/2003 before coming to DRI office. Further also did not reveal the addresses of the above two persons, who were the main conspirators, whom you had aided and abetted in commissioning of the incriminating smuggling activity in the instant case.