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TMI Blog2021 (8) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... CHA M/s.RR Logistics on 14.4.21 for export of cobble stones. According to the petitioner, a third party had done the stuffing outside the Container Freight Station (for short 'CFS') and the petitioner had appended his signature on the documents, without knowing the actual items, which had been stuffed in the containers. After obtaining the requisite permission, the trailer carrying the container left the CFS premises on 26.4.21 to the Harbour after inspection by the Customs Officers and sealing the container. However, on 28.4.21, the officers of the respondent detained the container at the Harbour and on 29.4.21, the CFS inspection team was called upon and it was found that the seal on the container was intact. On the opening of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uffing and that the petitioner is a law abiding citizen and is ready and willing to co-operate with the respondent. 5. In fact, it is the submission of the learned counsel for the petitioner that though summons were issued to him by the respondent for his personal appearance on three occasions, yet the petitioner did not appear for the reason that due to threat or compulsion, he may be made to give incriminating statements, which would have major ramifications and only for the said purpose the petitioner had avoided appearing before the respondent. However, it is submitted that if this Court directs the petitioner to appear before the respondent and co-operate with the investigation, the petitioner would scrupulously comply with the said c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigating officer, vide its order dated 5.7.2021 and in pursuance to the said order, the petitioner appeared before the respondent for enquiry. On 8.7.21, at about 11.00 a.m., when the petitioner appeared for enquiry, the respondent had enquired about the sequence of events relating to the concealment of red sanders logs along with the cobble stones, though the petitioner has spoken of the various acts that were performed by him relating to the registration of the shipping bill, the petitioner had further gone on to state that he received the red sanders logs from one Penchiliah. However, even after persistent and pointed questions, the petitioner has not revealed any particulars about the said individual. The petitioner had even gone o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the submission of the learned Special Public Prosecutor that if the stand of the petitioner as to his innocence in the whole deal is true, the petitioner would have definitely appeared before the respondent even during the month of April, 2021 itself when the container was seized. However, his non-appearance for quite a long time and also his reluctance to divulge the details of the individuals involved in the said act would speak volumes about his innocence in the commission of the offence. It is the further submission of the learned Special Public Prosecutor that even according to the petitioner, he had sought legal advice even to appear before the respondent and answer the queries. If the petitioner had nothing in his closet, there wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of the parties that the seal was intact when the interception was made by the respondent. Opening of the container in the presence of the CFS revealed the red sanders logs, which were found stuffed along with the cobble stones. 12. It is not in dispute that the owner of the materials, which were found in the container, as per the shipping bills, is the petitioner. However, the only claim of the petitioner is that he had signed the shipping bills, but was not aware of what was stuffed inside the container by the stuffing agent and he was under the premise that the stuff inside the container was cobble stones. If the stand of the petitioner that he is in no way connected with the prohibited seized material, the course that is open to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner is the fact that during the enquiry, to a pointed question from the respondent as to the person from whom the petitioner had sourced the red sanders logs, the petitioner has stated that he had received them from one Penchiliah. The petitioner had averred in the petition that he was not aware of red sanders logs having been stuffed inside the container and that he had signed the shipping bill without seeing the materials inside the container. If that be the case, the contention of the respondent that the answer by the petitioner that he had sourced the red sanders logs from the said Penchiliah stares writ large on the face of the petitioner, which requires a deeper investigation by the respondent. This Court cannot lose sight of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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