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TMI Blog2008 (5) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... rt who arrived at New Delhi Airport from Bishek by Kyrgyzstan Airlines was apprehended with 27 pieces of baggage weighing 2200 kgs. They, on examination, were found to contain about 81,000 yards of Chinese silk fabrics valued at about 81 lacs (international value) and about 1.5 crore market value. This was really very huge quantity to be considered as baggage and definitely not bonafide baggage and hence was seized. (b) Consequent upon the above seizure, extensive investigations were undertaken which revealed the existence of a highly organized smuggling racket. Ms. Olga Kozireva has been a frequent traveling passenger so also a few others namely, Nazira, Shalo, Shakista, Merkulova. One Afgan national by name Mamoor Khan, was behind o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tement before the senior intelligence officer of DRI claimed to have sent a retraction letter addressed to the Commissioner of Central Excise through proper channel. However, it has come on record that the said retraction letter was not available in the office of the Commissioner of Central Excise. It has not been shown that the said retraction letter has been sent to the officer who has taken the statement or to the officer supervising the work of the concerned investigating officer. A copy of the letter said to have been sent was also submitted. (f) From the statement of passenger Ms. Olga, it appears that in the past also smuggling of Chinese silk and other goods in trade quantities have taken place. Either no duty was paid or a small ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re in constant touch with the organizers of the smuggling racket. Of the eight traders, seven of them have been contacted and their statements recorded; some of them admitted having purchased small quantities of silk fabrics from the Afgan national but denied knowledge of smuggled nature of the goods. Some of them admitted that they have purchased at prices lower than the market value. However, it is noticed that Sh. Sanjeev Jain one of the traders who is an appellant was not summoned and no statement was recorded from him. 3. The Commissioner after examining the entire facts and circumstances of the case and discussing various evidences (mostly circumstantial), besides confirming duty from the passengers have imposed penalty on the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gers and no appeals have been filed against such adjudication orders and hence the present adjudication by the commissioner is without jurisdiction; cross-examination of some witnesses and officers sought for has been denied; making or receiving telephone calls from members belonging to the alleged smuggling gang could not be relied upon to arrive at a conclusion of abetment of smuggling. It was also submitted that they face financial hardship as one of the officers (Shri T.R.K. Reddy) has been dismissed from service and others were under suspension for long period. 5. We find that there has been an organized smuggling using the passengers. The passengers involved were found to be frequently traveling. The evidence from airlines indicate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by learned Advocates on their behalf. We find it rather strange that the many officers were in constant touch with the members of the gang on the days the consignments were cleared. In respect of all these officers, we find prima facie evidence of varying nature of involvement of the officers in abetting the smuggling. 6. Regarding the traders (except in the case of Sh. Sanjeev Jain) we also find prima facie evidence that they have knowledge and dealt with goods which have been smuggled. The various submissions made by the applicants require to be gone into at the time of final hearing. Therefore, we hold that the applicants (except Sh. Sanjeev Jain) have not made out prima facie case for total waiver of penalties against them. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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