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TMI Blog2007 (5) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... 1955 issued under Clause 3 of Imports and Exports (Control) Act, 1947 read with Public Notices No. 21-ITC/92-97 dated 26-6-92 and Public Notice No. 197-ITC/(PN)/90-93 dated 16-8-91 issued by Chief Controller of Imports and Exports, Central Government. These prohibitions were deemed to have been imposed under Section 111 of Customs Act, 1962. According to conditions laid under Public Notice dated 16-8-91 payment for the imported car should not have been remitted from India, payment for duty of motor vehicle should be have been made in foreign exchange unless specially exempted from the public notice and the importer comes back to India for permanent settlement with declaration to that effect before Customs; he should have stayed abroad at least for two years. Another condition was that import of passenger car not exceeding 1600 CC capacity could be made for a new car, otherwise a car having capacity of 1600 CC or more should have been in use of the importer for more than a year before his return to India. 3. The accused petitioners were proceeded for offences against by the CBI, which investigated into allegations of forgery, fabrication of documents and cheating besides violati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P. Shridharan was genuine, with his photographs and signature. He gave a signed statement before DRI that he had given his passport for Rs. 5,000/ to Shri Mohd. Salim Khatri and Shri A. K. Joshi at Delhi. He had not purchased any car; nor did he import any car. It was alleged that according to investigation each passport had Transfer of Residence (TR) entries; the Unaccompanied baggage centre of Customs at Air Cargo Complex, Sahar, disclosed that such entries in passports of Shri Mohd. Sahib, J.M.A. Wahab, Shri K. Shanmugam, Shri P.H. Anthru, Shri Mohd. Ahmed, Shri K. Gangadharan, Shri Paul Daniel Mohandas were bogus as no such clearance was given to them. Likewise, there was no emigration clearance entry in passport of Shri G.R. Bhumayya. 7. According to. CBI, none of the eight cases, at the time of assessment, the passports were checked by Customs to verify if there were any TR entries and departure and arrival entries of the passport holders. Except in case of passports of Shri R.P. Sreedhan and Shri G.R. Bhumayyha, entries of transfer of residence and emigration clearance particulars in the remaining seven passports were forged. Not only this, investigation proved that Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res were of Surinder Saini on the back of the cheques. GEQD has also identified signatures of Shri A.K. Joshi on the Bills of Entries and of Shri Mohd. Salim Khatri on account opening form of Shri Shaikh Hussain Saheb. 10. It was alleged that for violations of Customs Act, the Department of Revenue Investigation, filed complaint before ACMM, Patiala House Court after obtaining sanction of Collector of Customs, Delhi under Section 132 and 135(1)(a) of Customs Act,1962 against Shri Mohd. Salim Khatri and Shri A.K. Joshi. The investigation by CBI revealed commission of offences u /s 120B, IPC r /w 420/511,468 and 471 of IPC and Section 12(1)(b) and (d) of the Passport Act, 1967 by Shri Mohd. Salim Khatri, M/s Sealand (India) and Shri A.K. Joshi. Sanction order for prosecution of Shri Mohd. Salim Khatri, M/s. Sealand (India) and Shri A.K. Joshi, was issued by the competent authority Lt. Governor of NCT of Delhi under Section 15 of Passport Act, 1967 is enclosed in original. 11. Learned Counsel contended that there was no evidence to show that the petitioners ever induced anyone to part with property, dishonestly, or that they had forged or fabricated the materials. No toss wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lls of Entry. It was alleged that the exoneration of the petitioners, in the departmental, or adjudication proceedings, did not imply that they could not be charged with offences under the Indian Penal Code, if the evidence collected, indicated their complicity. 15. The findings of CESAT, which were relied upon, may be extracted below: "Upon examination of the evidence on record and the submissions of both the sides, we are of the opinion that the charges made against the present appellants are not well supported by evidence. Even if the passport used were false in the sense that Indian Nationals had travelled abroad to work under false/assumed identities, as the present appellants were not involved with the preparation of such false documents (passport) for such travels, they would not be guilty in regard to the present imports. Prima facie, even the preparation of these false documents could not have been with the intention to avail of the import benefits, inasmuch as the persons had gone out of India well before the issue of the circular in question. May be, for various reasons they chose to travel abroad under false documents. But that does not support the present finding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imported the car, deposed that their passports were given to the first and third accused, they also received Rs. 5,00/- for giving the passports. Two passport holders were not traceable; the address furnished in the savings bank, (the branch being in the same premises as the first accused's) were that of the first accused. He introduced the account holders. Some of the passports were tampered; all of them had fake TR entries. The Bill of Entries were issued at the behest of the third accused. In these circumstances, the impugned order on charge cannot be said to have been made without application of mind was untenable. The materials do disclose prima facie , grave suspicion about involvement of the accused petitioners, in respect of the acts complained. 18. Section 12 of the Passports Act reads as follows : "12. Offences and Penalties. - (1) Whoever - (a) contravenes the provisions of Section 3; or (b) knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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