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TMI Blog2004 (3) TMI 574X X X X Extracts X X X X X X X X Extracts X X X X ..... ia Flight AI 7000. The bags were examined in the presence of panchas and it was revealed that 360 gold bars of 1 Tola each had been smuggled through the said mail bags. The consulate of Belgium disowned the said bags as being their diplomatic cargo. The bags along with their contents were seized. Going by the past record of clearances of similar consignments which arrived by Air India, the investigations approached M/s. Air Freight for further enquiries. It was revealed that Mr. Nagesh Nayak Assistant and Mr. Suradkar another employee of the CHA had been instrumental in taking delivery of similar consignments. It was also revealed that, though such clearances were made by the said employees on the past three occasions, the consignments (mai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the concerned consulates. The Belgium consulate had denied to have received any consignment in the past which figure in the Air India s register, having originated from Belgium consulate in Dubai. 4. In this case, I note that, the seized consignment having not been cleared either by the employees of CHA or no document having been filed by the CHA seeking clearance thereof, no penal liability can be fastened on the CHA so far as seized consignment is concerned. Therefore the justification for imposition of penalty under Section 112(a) of the Act, as done in the impugned order has to be examined with reference to the alleged clearance of past similar consignments. 5. Shri Nayak in his statement had revealed that the import manager of M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alled diplomatic bags being liable to confiscation. 8. The adjudicating authority in his findings has held that, the system of advance signing of blank kachha bills of entry facilitated the smuggling as indulged by the employees. The appellants in their defence have stated that Mr. Delima used to sign in advance blank kachha bill of entries of correct numbers only, on the basis of prior knowledge given to M/s. Air Freight by the concerned consulate of the proposed arrival of mail bags. 9. In the fact of this defence, first and foremost, the department is required to produce the relevant kachha bills of entry, which allegedly facilitated the employees to misuse the said documents to indulge in smuggling. The adjudicating authority has no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve in any manner contributed to the act of smuggling by their employees. Except for stating that the system of blank signed kachha bills of entry and the absence of mentoring mechanism to ensure full accounted of such kachha bill of entries helped them to carry out smuggling, there is no other evidence to link the appellants with the act of smuggling. 12. Since the allegation of facilitation to smuggling is based on the fact that the appellants had issued pre-signed blank kachha bills of entry in the case of missing diplomatic bags, the allegation cannot be sustained without the production of the said documents. This is specially so when the appellants have clearly demonstrated that the same system was operating without any malpractice fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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