9911796707
TMI Blog2000 (9) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... head constable. He was charged with violations of giving extra shore passes and in the show cause notice dated 24-3-1994 he was charged as follows :- It is further evident from the facts detailed above that, Shri Mahadeo Baburao Darekar, Police Head Constable of Yellow Gate Police Station, Immigration Branch had issued one extra immigration shore pass on request of Shri Gurbux Singh Master of the vessel, over and above the legitimate issue of 18 (eighteen) shore passes, and the same fact is corroborated by the Captain Shri Gurbux Singh in his statement and by Shri Madhusudan Tukaram Tamhankar, an agents representative, in his statement, who had taken the immigration staff on board the vessel M.V. Blue Pearl on 26-9-1993, and thus an exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been issued. He admitted that he had issued a bunch of shore passes, putting serial number and office seal on each pass to the Captain, but he never bothered to fill up the names and passport numbers and rank of the person to whom the pass was issued. Though the job was expected to be done by him, in a more responsible manner, he blissfully left it to the Captain to fill up the particulars in the pass. It is not known what earthly purpose would be served by completing such immigration formalities and issue of passes to the crew. For doing such work for the Captain he received a foreign liquor bottle as a compliment, and according to the steamer agent, it is a practice to give such complementary bottles to all statutory authorities, perhap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 15 detonators have already crossed the Customs. The charge sheet does not state as to how he has carried the smuggled goods and does not state how the appellant is connected with the smuggled goods. He states that since the nexus of the appellant and these smuggled goods have not been mentioned in the charge sheet the basis of levy of penalty is wrong in law. Learned DR, Shri Patwari, argues that as a very senior policeman of the rank of head constable Mahadeo Darekar s behaviour is very odd. He therefore states that the order passed by the Collector is correct. 3. I have considered the submissions. The charge as well as the finding given by the Collector have been looked into. The show cause notice only states that the appellant has i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g portions the Commissioner held as under :- We are also not sure whether any of the crew members who left along with him without subjecting themselves to any Customs examination has smuggled something out of the vessel or not. Even this finding shows that there is a serious suspicion and doubt in the mind of the adjudicating authority. When such is the case it is not possible for me to accept that any of the lapses which the authority has found against the appellant would amount to abetment. For proving abetment there ought to have been a pre-existing meeting of the amounts between the smuggler and the appellant which must be disclosed in the show cause notice and thereafter it must be found to be existing in the adjudication order. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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