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TMI Blog2011 (5) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act, 1962. 2. Heard the learned DR. None appears on behalf of Shri Jaswinder Singh and Tirlok Singh, respondents. Heard the learned advocates appearing for other respondents. 3. The facts of the case are little peculiar. One Shri Ashok Kumar, was apprehended at the air port on the night of 30/31-8-1999 with goods valued at ₹ 22,98,000/-. The goods were seized. During investigation Shri Ashok Kumar revealed that some officer has been spoken to for facilitating the smuggling but he did not identify any officer by name. The statement of Shri Kehar Singh, Sepoy was to the effect that Inspector Shri D.V.S. Kapoor has instructed Kehar Singh to inform Shri Ashok Kumar, by giving description of him, to come to counter table no. 7 wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehar Singh, Shri D.V.S. Kapoor himself and also statements of Shri Harinder Singh, and Shri J.S. Garcha and from the print out of call records of mobile of Shri D.V.S. Kapoor. He submits that although, Shri Harinder Singh was not mentioned in the statement of Shri Ashok Kumar, it is clear from the call record that Shri Harinder Singh was in constant touch with Inspector Shri D.V.S. Kapoor and Superintendent Shri Garcha and he is the mastermind behind the smuggling by Shri Ashok Kumar. It is also submitted that Shri Jaswinder Singh is the person who has sent Shri Ashok Kumar abroad for the purpose of smuggling and that Shri Trilok Singh has also abetted in the smuggling. 6. Learned Advocate for Shri D.V.S. Kapoor strongly defends the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the corrigendum, proposal has been made for imposing penalties on Shri J.S. Garcha, the Superintendent who was to supervise the work of Shri D.V.S. Kapoor. Addendum also proposed imposition of penalties on Shri Harinder Singh, Shri Jaswinder Singh and Shri Tirlok Singh. 8.2 In the grounds of appeal, it has been clearly stated that it is a fact that name of Shri Harinder Singh @ Heera does not find mentioned in the statement . The role of Shri Harinder Singh, the role of Superintendent Shri J.S. Garcha and the role of Inspector Shri D.V.S. Kapoor are sought to be projected in the show cause notice on the basis of call records of telephone. The main person, the passenger who was directly involved in the smuggling has not specifically n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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