TaxTMI 
TaxTMI 
TaxTMI 
2019 (12) TMI 20
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....tention order at the pre-execution stage. ARGUMENTS ON BEHALF OF THE PETITIONER 3. Learned counsel for petitioner contended that the satisfaction of the Detaining Authority was vitiated inasmuch as the retraction made by Mr. Adel Saeeed Ghulam was not placed before the Detaining Authority. He submitted that had the retraction of Mr. Adel Saeeed Ghulam been considered by the Detaining Authority, it is possible that the Detaining Authority may not have passed the impugned order of preventive detention relying upon the prior confession of Mr. Adel Saeeed Ghulam. 4. Learned counsel for petitioner also stated that in order to reach the conclusion that the petitioner had the propensity to indulge in similar acts of smuggling, the Detaining Authority seems to have heavily relied on the fact that five consignments had been imported by the petitioner in the recent past. He, however, pointed out that the investigation with regard to those five consignments had not concluded and is still pending. He submitted that the inconclusive investigation could not have formed the basis to pass an order of detention against the petitioner and that too on the basis of perfunctory and inchoate material....
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....oduced to him by another Afghan National Abeed of M/s. Fazli Star Trading Company. The petitioner had stated that Mohd. Khalid, Vice-President of M/s Amini Sadri Ltd., and another Afghan national namely Adel Saeeed Ghulam are working under the charge of Mohd. Yusuf, an Afghan national who was handling the export consignment from Afghanistan and it was Mohd Yusuf who used to instruct Mohd Khalid for coordinating with the Petitioner at the time of arrival of import consignments. (b) The petitioner had admitted arranging invoices amounting to Rs. 21 lacs approx resumed from his home during the search issued in the name of Adel Saeeed Ghulam and he also sent a dawatnama/invitation letter for facilitating visa for him. (c) It is also an admitted position that that import consignments were off loaded in the Petitioner's godown. Petitioner's contention that these goods were sold by Mr. Khalid directly but there is no agreement to that effect and the Petitioner never declared/informed anywhere or to any department that he is making import on behalf of other person. The Petitioner also used to forge documents/sale invoices of the import goods to justify his misdeeds. (d) The Petitio....
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....er Ram Niwas Mohar, Proprietor of Universal Solutions having IEC (Import & Export Code) No. 0509003249 had imported the consignment of Apples from Afghanistan through Wagah Border on 05.12.2018 and he is responsible for goods imported as he had to make payment of goods imported and as a licence holder, he is solely responsible for the goods in the consignment and that he cannot escape from his liability by submitting that he had to receive the commission only. His after thoughts/submissions that "the petitioner had no effective control over the goods being imported" is baseless and not tenable as importer is solely responsible for the import of the consignment and he has provided all the logistics i.e. godown, import license, arranging Customs brokers etc for importation of prohibited goods and even the goods used to offload in his godown, thus he was the mastermind of the said gold smuggling racket. The petitioner was actively involved in carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing or dealing with the prohibited goods which he knew and had reason to believe are liable for confiscation under Section 111 of the Customs Act, 1962. Even he ....
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....ving market value of Rs. 9.41 Crore, 11 empty corrugated boxes and other packing material, 16000 kgs of fresh apples + 120 Kgs pomegranates and one truck bearing No.LXK-7011 (make Mercedes Benz, Colour Cool Red) Chasis No.61913825366863 used in the smuggling of gold were seized under Section 110 of the Customs Act, 1962 vide recovery cum seizure memo dated 05th December, 2018. 12. An Afghan National Mr. Adel Saeeed Ghulam made a statement under Section 108 of the Customs Act, 1962 on 27th February, 2019 and subsequent to his arrest, he made a further statement under Section 108 of the Customs Act, 1962 on 28th February, 2019 in which he incriminated the petitioner. 13. It is the case of the Customs Department that the petitioner was in touch through mobile phone with Yusuf, so called Afghanistan exporter and Mr. Khalid Orya, Vice-President of M/s. Amini Sadri Ltd, who had sent the fresh fruit consignment to India from which 27 bars of gold weighing 32.654 Kgs had been recovered on 5th December, 2018. Even the petitioner is stated to have asked Yusuf in voice note dated 4th December, 2018 to transfer Rs. 2-3 crores in his account which he can manage easily and that he will transfe....