2011 (9) TMI 785

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.... impugned summoning order dated 8-6-2002 is liable to be quashed. The officials were merely acting in discharge of their official duties. The goods exported by the complainant were seized and it was found that the value of the goods had not been properly disclosed by the complainant. In fact, the goods worth Rs. 1,95,000/- had been shown to be of value worth Rs. 84,00,000/-. The complainant had over valued the goods imported by it with a view to take the benefit of Duty Entitlement Passbook Scheme (DEPB for short). The fact that the complainant had over valued the goods was upheld in a litigation up to the Apex Court. However, the detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1....

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....ary to the Government of India specially empowered under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) issued order F. No. 673/26/2000-Cus.v11, dated 21-7-2000 under the said sub-section, directing that Shri S.P. Goyal, son of Sh. Jagat Ram Goyal, resident of 201 Krishna Chambers, 59, New Marine Lines, Mumbai - 400 020. Proprietor of M/s. Chirag Exports and Imports, Industrial Area "A" Ludhiana/103A Krishna Chambers, 59, New Marine Lines, Mumbai - 400 020 and Partner of M/s. Merchant Exports (India) 864, Industrial Area "A" Ludhiana/103A Krishna Chambers, 59, New Marine Lines, Mumbai - 400 020 be detained and kept in custody in the Central Prisor, Mumbai wi....

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....egations that accused John Joseph had raised a demand of  Rs. 25,00,000/- from the complainant appears to have been levelled by the complainant as a counter blast. In the present case, no money has been paid by the complainant to the accused. Only an oral allegation has been levelled against the official John Joseph that a demand of Rs. 25,00,000/- had been made by him. It is very easy to level such kind of allegations against an officer, who had been acting in discharge of his official duty in order to save ones own skin. One of the petitions has been filed by Union of India seeking quashing of the complaint on behalf of its official and one petition has been filed seeking quashing of the complaint by the officials themselves. In the ....