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TMI Blog2000 (11) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... rax, a prohibited psychotropic substance, concealed between the walls of two filing cabinets which were being exported to Malawi. Investigations conducted by the department showed the involvement in the attempted export of Ashok M. Boge and Vittal Uttekar who were customs clerks of Jac Enterprises. The exporter on record of the filing cabinets was M/s. Eastern Enterprises, and the shipping bill had been filed by it. After its initial processing, prior to the examination of the cabinets, Ankur Mhashilkar, who was pursuing the clearance through customs of the cabinets, asked Borge and Uttekar to take charge of the clearance. Accordingly, Uttekar crossed out from the shipping bill the word Self used to denote that there was no customs house ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he fact of such acceptance should have been brought to the notice of Lalit Jobanputra, the proprietor of the firm, the same day or the next day. The contention on behalf of Jobanputra was that he only came to know about the fact that his employees were concerned with the clearance of the cabinets when the customs officers in the course of their enquiry summoned him on the night of 26th June. The Commissioner had noted that Borge and Uttekar had confessed to the officers that they took up the job without Jobanputra s knowledge and they did not keep him informed about their participation in it, and that Bhavesh Sanchatre, a supervisory employee of the firm, had also confirmed the ignorance of the Jobanputra. 4. The ground in the department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed are significant. They show that the object of the sub-regulation is to ensure that the customs house agent will be responsible for all acts or omissions of his employees, in the course of their employment as such employees. Clearly, the customs house agent is not responsible for the acts of his employees in their private capacity. He cannot be held responsible for criminal acts committed by an employee in his personal capacity, or for his domestic misbehaviour. The question to be answered, therefore, is, whether Ashok Borge and Vittal Uttekar carried out their activities as employees of Jac, or in their personal capacity. 6. There is not the slightest suggestion that Jobanputra gave permission, in writing or orally, to these employees ..... X X X X Extracts X X X X X X X X Extracts X X X X
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