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TMI Blog2022 (6) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... 933 of 2022 they all were arrested on 03.02.2022, for the alleged offences under Section 135(1)(b) and 135 (1)(ia) of Customs Act, 1962, in R.R.No.6 of 2022 on the file of Additional Chief Metropolitan Magistrate, EO-I, Egmore, Chennai. 2. The case of the prosecution in short is that, the Custom Duty free Gold/Silver/Platinum bars are available under the scheme for "Export against the Supply by Nominated Agencies," for manufacturers and traders under Circular No.27/2016 dated 10.06.2016 issued by the Customs Department. As per this circular, the Nominating Agencies shall import gold/silver/platinum bars for supply to jewellery exporters and same shall be duty free on condition that the gold imported and distributed by nominating agency to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er bangles. The gold covered copper bangles were attempted to be smuggled out of India by mis-declaring it as 22 Carat plain gold jewellery. As per this shipping bill, 10.8 kgs of jewellery valued at Rs.4,56,39,360/- was to be exported. However, on verification of the goods and the document, it was found gross misdeclaration in terms of value. Hence, the goods were seized. 4. Similarly, Shri.Sunil Parmar/A2 had procured duty free gold bullion and had attempted to fulfil his export obligation under the cover of above shipping bill. In the course of investigation, Shri Santosh Kothari, Proprietor of M/s.Shree Kalyan Jewellery was found involved in the diversion of the duty free gold bars of foreign origin procured through HDFC Bank and getti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exported as jewellery, had been diverted in the domestic market on cash basis. Therefore, after stumbling upon, fake jewellery (copper bangle with gold covering) at customs cargo area. Investigation was intensified and these petitioners were arrested for playing active role in the illegal diversion of duty free imported gold to the domestic market. 7. The Learned Counsel for the petitioners in the bail petitions states that the petitioners are traders in jewels. They import bullions and export jewellery made out of the bullion. The petitioner Deepak G.Siroya (A1) running a business in the name and style of M/s.Siroya Jewellers. For conduct of business, he has valid GST registration and he is in assess to income tax. His firm is also in fav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment. 9. The export formalities are carried out through their customs Broker M/s.BSM Logistic. Customs Officials at cargo complex will appraise the jewels and only if satisfied with the documents, they will generate shipping bills and give LET export order. While so, the allegation of the DRI that only part of the gold bullions purchased from the Nominating Agency has been utilised in the exported jewellers is incorrect since every export been assessed and cleared by Customs Department and every ounce/gram of bullion purchased under documentation is exported in the form of jewellery. Only after satisfaction of the successful completion of exports, the bank release the margin money withheld by them. While so, the search and seizure operati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the petitioners during the course of investigation, one of the manufacturer at Rajkot was examined and his statement was recorded and it corroborates the inculpatory statements of the petitioners. The manufacturer admits that on the prescription of the accused persons, he has manufactured copper bangles coated with gold and the said jewellery are not 22 carat jewels. The purchase bills of copper alloy for mixing with gold were seized from the manufacturer and he has admitted that, each bangle contains 47.79 grams copper stuffed in gold tubes. The presence of 22 carat gold in these bangles will be around only 9 to 10 grams and remaining i.e., 37 to 38 grams will be copper. Further, the accused persons are given details about the distributi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xported as jewellery through various shipping bills from 10.08.2021 to 31.01.2022. 14. The Learned Counsel for the petitioner would claim that the other shipping bills were genuine without any mis-declaration and they were found to be proper and allowed to be exported by the Custom Department. This Court is of the view that merely the Custom Department has cleared the goods it will not take away the cloud in those transactions, without interrogating the importer in Dubai from the petitioners during the relevant point of time. To verify whether the earlier consignments sent to the Dubai customer was really 22 carat gold jewels is subject matter of probe. Also it is necessary to probe into the mode of layering by which the money sent to Duba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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