2005 (9) TMI 570

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....p;The brief facts are that, intelligence was received by officials of DRI, Nhava Sheva that one M/s. Global Trade Links, New Delhi was smuggling Tin Ingots and Electronic items etc. by concealing them in container which landed on 27-3-2002. The container was located and examined and found to contain Tin Ingots, 2 sealed drums containing ingots and aluminium scraps. The goods were seized under the reasonable belief that they have been smuggled into India. On the basis of further intelligence, another container imported by M/s. Global Trade Links was intercepted and found to contain 3 PVC bags filled with aluminium scrap deliberately placed near the door to conceal other material such as ingots, Ics etc., after de-stuffing and on detailed exa....

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....s proved. These charges were :- (1)     Shri Prakash Gawde has sold or otherwise transferred his CHA licence to Shri Tiwari, thereby violating Regulation 12 of CHALR 2004. (2)     Shri Prakash Gawde did not obtain proper authorization from each of the companies, firms or individuals by whom he dealt with as Custom House Agent, thereby violating Regulation 13(a) of CHALR 2004; (3)     Shri Prakash Gawde never advised his clients to comply with the provisions of the Act and in fact he never met his clients personally and thus he violated Regulation 13(d) of CHALR 2004; (4)     Shri Prakash Gawde did not supervise his employees and allowed them to funct....

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.... granted...........and no licence shall be sold or otherwise transferred." In this case, the action of the appellant in allowing his CHA licence to be used by the proprietor of M/s. Ashish Shipping Agency amounts to transfer of the licence and therefore, Regulation 12 clearly stands contravened. The other charges have also been proved as the importing firm was admittedly not known to the appellant herein and therefore, the appellant did not obtain proper authorisation, did not advise his clients to comply with the provisions of the Regulation. As regards charge in Article (4), since the appellant has stated that the consignment of imported goods was handled by Tiwari independently and he has no role to play in clearing the consignments, lac....