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RTT has also gathered that one of the aggrieved party has obtained through
RTI Act call data record of more than 550 sheets and having 25000 call details
.Most surprisingly being a corroborative evidence in both the fraudulent
clearance that took place in ACU as well as in ICD Tughlakabad no one either
in ACU or in ICD TKD is interested to take cognizance of these call records to
substantiate cases booked by them. Sources say that the data of said Call
records is available with ACU since December 2010 and with ICD since 2012.
What does this reflect? It is beyond any doubt that the SIIB of ICD and ACU
do not want to reach the real culprit. The role played by the Commissioner
ICD and I&G needs to be verified. The call detail of 25000 also includes at
least a thousand international SMS sources say. It has also been gathered that
the mobile calls record are the most potent legal inculpatory evidence against
the conspirators has not been made as Relied upon documents..
A few mobile phones used by the accused and his associates were not
registered in their name but they were found to be actual user as confirmed by
them in their statement recorded under Customs act. Now the question arises
whether the department has got verified whether the actual persons have
given their mobile phone to accused voluntarily or even the mobile
connections have been obtained through fake documents.
The Customs department will not be able to recover a single rupee in this case
due to the sloppy investigation. The higher authorities from the level of
Deputy Commissioner to the Commissioner level ought to explain what action
they have suggested/taken to solve the case whether at ACU or ICD or the
senior officers just approved the action suggested by the juniors.
Load port of all the shipments that have been booked by SIIB is Hong Kong.
No enquiry has been effected regarding remittance done in India and abroad
as it will be an evidence of legal value in all the three bill of entry in which
smuggling and fraudulent clearance of import took place.
The department has not initiated prosecution case against any of the accused
involved in the customs duty evasion and forgery case despite confession made
in their statement under sec 108 of the Customs act, corroborative statement
from transport owner, seizure of goods, forgery of statutory documents,
impersonation, misdeclaration of goods, misusing of CHA license, misusing of
IEC code, smuggling, misusing of mobile phones, subletting of own CHA
license ect.
The department has failed to collect even a single piece of evidence against
Biplab Kumar and Prashant Gupta alleged importer.
No action is initiated against DC specialized in Group VII who failed to check
authenticity of procurement certificate ect as demand notice has to be issued
suspended the licenses of the CHAs when they failed to even take proper
authorization for clearance or even when KYC norms were not fully
complied, however a few powerful CHA, s have been favored.
Since Customs has been charged Prasun Jain under CHARL ,whether it
means Customs has given a clean chit to Prasun Jain of smuggling and
forgery of procurement certificate. If so who is the original culprit or Customs
had erroneously arrested Prasun Jain earlier. All this questions needs to be
answered.
Customs department has not learnt any lesson to stop forgery /smuggling
despite RTT publishing article on the subject along with valuable suggestion
from time to time .
Has the Customs taken cognizance of the two statement of Prasun Jain . In
his first statement he stated that Raja takes the delivery in Nehru Place, But
in second statement he stated that goods were imported by Prashant Gupta of
Nehru Place New Delhi.
Though in his statement Prasun Jain stated that he knew Biplab Kumar for
the last few months . Whereas RTT gathered that Prasun Jain knew Biplab
Kumar through Vinay Kumar proprietor of Exim services who is the
authorized CHA of M/S Rajdhani crafts.
It may not be an coincidence that Biplab Kumar is missing from the date of
incidence and Customs department is unable to catch him. Probably Biplab
Kumar is scared of someone involved in this case.
The role played by the Customs officers specially the higher officers relating
to the case of procurement of certificate fraudulently in relation to EOU to
clear import consignments and to evade huge Customs duty reflects
incompetency, favoritism and loss to government exchequer.
. And what is SIIB doing in the matter -an investigation or an operation cover
up under the pressure from senior officers.
Readers will be astonished to know, how the Customs department carry out
their investigation. In response to a RTI application related to the case , the
CPIO attached to the office of Commissioner of Customs I&G New Delhi vide
their letter C No VIII.SIIB/CUS/I&G/128/2010 30971 18/12/2013 has
intimated that no statement has been recorded under sec 108 Customs Act in
respect of Prashant Gupta and Biplab Kumar till date, no enquiry has been
made with reference to remittance of payment to supplier till date, no action
is taken against Prikshit and Manoj ofIndian origin who are the financer in
China as per confession of Prashun Jain, Call data record of appox 25000
telephone calls have not been made as relied upon documents, no investigation
has been done with the legal owner of any of the impugned mobile numbers,
final show cause notice is not served to anybody else except Prashun Jain, no
fresh statement has been recorded from Prashun Jain after 20/11/2010i.e. date
of retraction of his statement, facts of retraction of original statement dt
19/11/2010 has not been incorporated in any of the show cause notice.
The reply sent by the CPIO itself speaks about the quality of investigation
carried out by the department in this case. The I.O. who initially booked the
case was also transferred prematurely.
RTT has time and again published regarding the continuous/endless fraud
committed by the CHA/ Importer/Exporter yet the higher ups in CBEC are
sleeping and have never bothered to take any full-fledged technology backed
measures to stop these types of fraud, as the human failures are becoming too
frequent to be termed as Normal. We are living in a techno era and customs
department have an effective operational system ACES , yet no one has
thought of issuing digital gate pass with barcode on it so that such incident
can be read electronically. All the Customs officers need regular training so
that they can adopt the new technology and benefit the department. Rather
than wasting money on unnecessary pursuits, Customs should hunt for
technologies through its Directorate of Preventive operations which can
prevent such frauds. Customs department is showing their helplessness in
enforcing the law and always waits for another scam to happen.
Directorate of Vigilance and CBEC ought to look into the matter immediately
and after verifying the facts of the case, the case should be hand over to CBI
because Customs cannot solve this case as is evident from the investigations
carried out for the last five years and will fix the small CHA S or others
just to close the cases and the truth will be put under carpet as has been done
in many other cases besides allowing the real culprit to roam free and allow
him to do more frauds of huge magnitude, thereby to dupe more unsuspecting
importers and CHAS and loss to government exchequer.