CONFIDENTIAL

Dated

20 Nov

To
/''~

"/The Commissioner of Customs (I& G)

New Customs House,
IGI Airport, New Delhi 11 0037

Copf tojommlssloner of Customs, lCD, TKD, N Delhi 110020

Subject: Investigation wrt following two cases and request to review of my

suspension order dt 24/8/12 at

No.( 2) below:

1. I&G- (Air Cargo) -C.No. VIII/SJIB/I&G/128/10 (Rajdhani Crafts- EOU), Dt- Nov 2010
2. Order No 03/NLB/Policy/2012 dt 17 JULY 2012 issued wrt lCD case of
3. lCD TKO

No. VIII/ICDITKD/6AG/108/11 (Global Logic- EOU), Period- Dec

Respected Sir/ Madam

You are requested to read this in continuation of my following

representations:
Letter Dt 26/7/12 addressed to Commissioner (1&<;2) under cc to Chief
(Page 27-41) and Letter Dt 2/8/12 addressed to Commissioner (ICDTKD) (Page

Wherein facts related to investigation done on the basis of non- inculpatory evidence
on record to favor real culprit Sh Prashun (@SONU) by then superintendent of SIIB in
subject lCD TKO matter, was brought to the notice of the concerned authorities.
this letter I want to bring to your notice, the continued cover up operation of these n+ti''"'''"'
to bringing on record more evidences wrt above cases -~~~==-!:.~=~=
per trade info It appears that in both the cases same role is played by the main .,."'"''"""'"'"'
Sh Prashun and his associates, LT. commodity is imported, used same modus operandi
misusing identity of innocent EOU importer/ CHA, booked from Hong Kong, used same
of mobile numbers, Conspiracy hatched in Rohini/ Nehru Place, made his old assocunes
scapegoat in both the cases. It

that in both the cases he managed

Dated

20 Nov

To
The1,otissioner of Customs (I& G)
New u oms House,
IGI irp rt, New Delhi 110037
~Copy to: Commissioner of Customs,

TKO, N Delhi 110020

Subject: Investigation wrt following two cases and request to review of my

suspension order dt 24/8/12 at Sr. No.( 2) below:
1. I&G- (Air Cargo) -C.No. VIII/SIIB/I&G/128/10 (Rajdhani Crafts- EOU), Dtffl Nov 2010
2. Order No 03/NLB/Policy/2012 dt 17 JULY 2012 issued wrt lCD case of undersigned.
3. lCD TKO

No. VIII/ICD/TKD/6AG/1 08/11 (Global Logic- EOU), Period- Dec 2009

Respected Sir/ Madam

You are requested to read this in continuation of my following previous
representations:
Letter Dt 26/7/12 addressed to Commissioner (I&G) under cc to Chief CommissioneL
(Page 27-41) and Letter Dt 2/8/12

to Commissioner (ICDTKO) (Page

Wherein facts related to investigation done on the basis of non- inculpatory evidence
on record to favor real culprit Sh Prashun (@SONU) by then superintendent of SIIB in the
subject lCD TKO matter, was brought to the notice of the concerned authorities. Through
this letter I want to bring to your notice, the continued cover up operation of these
to bringing on record more evidences wrt above cases ~~~==~~=~=
per trade info It appears that in both the cases sarne role is played by the main accused
Sh Prashun and his associates, LT. commodity is imported, used same modus operandi
misusing identity of innocent EOU importer/ CHA, booked from Hong Kong, used same
of mobile numbers, Conspiracy hatched in Rohini/ Nehru Place, made his old as~>ocrat~s
scapegoat in both the cases. It also

that in both the cases he managed to win

1

both the cases he managed to win over the confidence of 1/0 because of which
inculpatory/ corroborative evidences were ignored despite ready availability of same
date of detection of offence in both the cases as explained below:
l&G Commissionerate (Air Cargo)

~Case

No. VIII/SIIBII&G/128/10,

t. This matter pertains to alleged duty evasion, misuse of I

Period~

Nov 2010

I CHA, impersonation,

smuggling & forgery in which real culprit Sh. Prashun .Jain (@SONU JAIN) was caught
red handed with the live consignment and revealed complete modus operandi,
disclosed the mobile number, name & address of all key associates who were involved
in the crime in his volunteer statement u/s 108 tendered only once on 19 Nov 201 0
during three yearlong investigation as appear from documents received under RTI.
(Modus operandi is annexed at page 6~6).
2. Showing utmost sincerity SIIB officers, at that time had procured CDR (Call
record) of all the relevant 8 mobiles approx personally from different mobile operator
from different parts of Delhi & started correlating the call details with the
offence as evident from the fact that some of the mobile entry of these 8 mobiles
relevant to the material time of subject case is highlighted. Call Data Record of
sheets, consisting of 25000 entries of period

2009~1 0

approx is annexed at page

360 All these Information is received under RTI after 2 yr long efforts. Copy of RTI
correspondence is annexed at page

10). But it appears that within a few days

starting of the investigation whole focus shifted to diluting the case as evident from the
following points which are still remain to be answered/ investigated:

A. That though it is for investigation to establish as to who were the main conspirators
but there is no doubt in the fact that these impugned eight mobiles were used in by
persons acting in league to achieve the objectives of:

To incur the loss to exchequer by way wrong declaration/ classification.

Used against sovereignty of country & its citizen as all these are

for

smuggling.

It also appears that innocent citizens are used as scapegoat to procure 8

impugned mobile numbers by way of impersonation and their IDs used without
their consent. Misuse of CHA & IEC without the consent is already established.

B. Association of these eight mobiles with the air cargo case is very well established
from the corroborative statements of owner of transporter, driver of truck, forwarder

M/s Nayak Aviation, Jama Talashi report, Departmental Note sheet page &
confession statement of Shri Prashun Jain recorded during investigations itself.
Excerpts of these corroborative statements wrt
as annexure

11~20.

Again

of these CDR, verbal statement

impugned mobiles are

is not made RUD ofthe

the

will not hold any ground in the court of

law,~~~~~~-~~~~~~~~~~!J~~~~~~~~~~~

.eccused, which now stands defeatE2.d.

C. To whom favor was extended by not making FIR against the actual/ legal user of
these impugned eight mobiles on two grounds 1) Impersonation of KYC 2) Active
role in three act of smuggling of subject SCN of (I&G), in spite of being a live case &
ready availability of concrete evidence in lieu of same since Nov 10 . ..;_:,:.;~~~~=
of vigilance inguiry.
D. Whole SCN issued in Air Cargo will provide weak evidences in the court of law
Sh. Prashun Jain will bring the fact in the notice of court that SCN of the subject
I&G case is based on his single committal statement which was ~~=~~~.~
two times within 24 hours first through Jail & second time in front of the courtJl[
MM. It appears that SIIB had also accepted the retraction by remaining silent on the
matter since 2010. It also appears that 1/0 did not bother to bring this fact in the
knowledge of their seniors. Fact of retraction is attached as annexure
(Procured through RTI). ~=...;:~=..::=~~'c=""'~~~~~~~~=~~=

In first SCN dated 17/11/11 only exculpatory part of statement of forwarder M/s
Nayak Aviation is mentioned in para 16 but same ignores the inculpatory part
disclosure of mobile numbers, email & names which establishes the nexus
impugned mobiles, main accused (Prashun ,Jain @SONU) & alleged importer
(Prashant). From importer, SIIB failed to take even single statement since 2010
despite ready availability of his whereabouts. Interestingly in final SCN

14/9/'12 even that small para 16 of M/s Nayak Aviation of first SCN, is also removed
completely. Unrevealed inculpatory part (mobile detail, e mail & names) of original
statement of M/s Nayak aviation is attached as annexure 13-14 for ready
3. There are many other short comings which indicate that both the SCN issued after the
efforts of three year of investigation is mere eyewash and ~~~=~~~~
Prashun rather than revenue.

4. List of some suspicious

Annexure page

Oreder No 03/NLB/Polic~/2012 dt 17/7/12 issued wrt case ICOTKD case- gertains

m~

to

suspension. In this case also main conspirator is Sh Prashun Jain and he made

me and de(;!artment officer scagegoat to fulfill his nefarious intention as pointed ou!
in m'i detailed representation dt 17/7/12 during the course of P.H.
Order dt July 2012 itself is shoddy as it does not reveal information about the
detection offence which is mandatory to revoke suspension under rule 20(2) of CHALR
2004 which says that offence should
detection of offence. In my case

reported within 30 days from the

it appears that it was reported after one year from the

date of detection i.e. March 2011 and after four months from the date of first summon
i.e. February 2012. Whole recommendation of suspension designed by 1/0

SIIB

(lCD) with the objective to cause me undue hardship. It appears that 1/0 (SIIB,
ICDTKD) who made the recommendation letter for suspension, did not make even
single effort to find correlation between the two cases of lCD and I&G if any during
questioning from Sh. Prashun on 291h May, 2012 despite pointing out the same in my
statement dt 1/3/1

He had not asked any questions relating to past record while

questioning Sh. Prashun Jain in

a bid

to allow him to breathe easy despite being the

mastermind in the lCD case and earlier case of l&G also.

6. Prayer: It is requested that my suspension order dt 24/8/12 may kindly be reviewed in

the light of above & decision taken after affording me an opportunity to be heard.

lCD TKO Case No. VIII/ICD/TKD/6AG/1 08/11 , Periodw Dec 2009

7. Relevant inculpatory entries of above mentioned CDR (Call Data Record) wrt lCD
shipment of Dec 2009 is already brought to the notice of Additional Commissioner
(SIIB} through my letter dated 18/11/13 annexure page 19-22. CDR of 304

is

also submitted as annexure in my previous representation to Commissioner (ICDTKD)

on 18/11/13.

8.

9. Same team of Sh Prashun Jain had committed fraud of lCD also in which he had made
victim to all the customs officers, as also the CHA by exploiting prevailing loopholes
available in the system & same appears to be still existing. In such frauds SIIB
not have any other option but to hold guilty innocent persons/ officers who inadvertently
got exploited by such shrewd persons under well designed strategy. It appears from
ongoing fact that these persons have hijacked the system by their influence and
department is doing nothing to protect its innocent officers who will continue to
duped by the forgery of such persons.

10. Even now if main offenders like financer/ importer/ indentor and the mobile vendor
(responsible for arranging FAKE SIM) who were supporting Shri Prashun Jain since

2009, are not brought to book in spite of ready availability of plenty of evidences in
I&G then it would be mockery of justice and of the faith shown by society in the law.

Prayer
11. Since you are a fact finding authority, even at the

of adjudication, it is requested

to look into all the materials disclosed, correct the investigation, punish the guilty &
save the innocents by doing your proper administrative and judicial duty.

12. You are requested to review my suspension order as indicated at subject Sr. No
(facts elaborated at Sr. No 5 above).

.ks

spin
Prave

rt

arg

(Ambika Enterprises)
House No A 2383,

2nd

Floor

Greenfield Colony, Faridabad- 121010

Attached : Annexure page 1~54,
Annexure of CDR (Call Data Record ), Page 55- 360. (Part of I&G letter only)

"

OF THE COMMISSIONER
N!:W CUSTOM

CUSTOMS

&

!Gl AllU'ORT\ Nt:~'W D!UU.. t100::n

So!Jzurt
a;ds by Ml
no. l6831S datod 16.11.1010
Acd~ on t~ \lui~
inteUigalce, tM omcers
srm. Import &. UWJ~IIIILI
Olflrtnli~IS:iOI\:!flltt. Now Delhi lnter~tpltt\ I shipntent fHed under
of
!All$ ~ted 16~1 LlOlO ouuide the c!~
examination hail no.3 on

am

19J l.lOHl
tho ~aid bill of entry wu aa~e~Hd 1hrwsh IMS and no cx.~minttion was
pramibed for thi1 shipmonl, which wu dcdvtd u hlvin1 machine spttc~. On

interception. a penon who

himsclfu Prubun Jain. Proprt:itcr ofMIJ ""''""'""""'
f=HA havina resistr:ttion
91l06 end F Card
161106 inftlrmtd lbBt ht
the
:&hipmcot undtr ~tAWB
in Ch nanac Mls. bjdhdi t~ a
lOO'Mt EOU. loeatcd t.t Kh&sra
to J965~ DW 6 JO.~
Chomu Villlltl
Jaipucrl Raj:arthln thtoupM/8 lbjiadet.P,Ka.pur. haviPB
Biplav
Kumu

no 1Mpmem wtdc:h
the:
of ind~pendcnt
(24000 pt~1). RAM !
picc:cs) tot1'1y valued at
O.lictthlttH~ W~re''lltifc

WU

dccl&red ~~ blvina

ll~lll"''~EUI~ lp&r$1, 01\

examination

wu found 10
Wh (3100

Micro
GB
RAM of I GB 800 Mlb
aoods ~ft stized on 1 r~l1

The "atemect or Shfi Prulw n Jdn wu rceordcd IJJs l 08 of the Customs Act.l%1
en 19,1 L2.0l0 wherein ho interali1 admltu:4 that be wu aware that tho Bill of Entry wu
filed in th~ mme of 1 ~mpany
not tho actual importer tnd which wsu Clll:itled
fer ~n Channel
S>
goodtare not op:ne:d for ~amlnadon and thua.
the biU of entry wu forged that ho was also aware that the goods in tho 1hipmmt \\'etC
not thos.e u dcclu~ in the
but were mtmory
that ht a.dmitttd to his
~etlvt tole' adid'the~lnodil:St*~
b~'hbri and
ticcomplicu in t~ ovukm
of
duty by way or
the g~i and abo by way of forglnu ""'"'1"n"'
statutory do~monu and,
dccltn.tlcm to the
duty~ thaa bo Wltl a
Bip,lv Kut'nlr who

Prashun Jain was pht.~ und~r

on 19.11

ilL for )'Our inf<mmnit'n .and u~:~cMl action.

t

'

OFFICE OF THE COMMISSIONER CUSTOMS (IMPORT & GENERAl) : NEW

CUSTOM HOUSE: NEAR
AIRPORT: NEW DElHI 110037

C.No. VIII/CPIO/RTI/l&G/38/2013 )

l(~}{'r1M,,

~2\\~

Dated:~

10.20

To,
Sh. Praveen
Floor,
Faridaba.d.

A~2383

Subject:~

Field Colony

Information under RTI Act, 2005 in respect of Sh. Praveen

Please refer to your application dated

.03.2013 against which Appeal No.

39/2013 received on 17.09.2013 on the tabove mentioned subject.

In this regard the report from

concerned branches in enclosed

Which is cover all the points raised by you in your application.

Encls:~

As above.
Yours faithfully

OFFICE OF THE COMMISSIONER OF CUSTOMS(I&G)

(Special Investigation & lntelllgenc::o Branch)
New Custom House, Near IGI Airport
New Delhi 110037
C.No. Vlll(SllB)/CUS/1 &G/128/20 10/pt. '

lC

Dated:

To~

'fhe Dl~puty Commissioner

Import and General Commissionerate,
t'Jew Custom House,
New DeihL

Sir,
Subject: RTf application of Sh. Praveen

reg.

Please refer to your ot11ce letter C.N<).Vlll CPIO/RTJ/T&G/115/201317180 dated

23.04.2013, and subsequent reminders even no. 14091 dated 03.06.2013, 16438 dated
26.06.?.013 amll7889 dated 18.07.2013 on the ahnve clled ::~ubject.
In reply to the RTI application dated 23.04.2013 referred therein, a point wise
reply along with necessary enclosures is as under:~

Yours faith tl!lly.

Encl: Pages 1 to 89, and Mobile call detuils.

lB/10/13
From
Praveen
A

2nd 11'loor

Gruenficld Colony,
l'iilr.idabad J~fQlQ

To
The Commissioner of Customs (f&G)
Now Gustoms House,
Near IGI Airport & Air Cargo Complex,
New l)elhi 13.0037

\)'

)\

'

Subject: SecurityI Preservation of relevant documents resumed/

gathered during tnvestigatlm1 pertaining to C.No, VIH/ SliD/ CUS/l&G/
120/2010, B/E 168305 dt 16/11/10 ofM/s Rajdhanl Crafts (f!OU)
Respected Madam,
This is to bring in your kind notice that ubovc is the mat~ur o!' itnplilrsonatlon
und fort~ery where three persons impersonated as Importer (EOU) & CHA had
incurred loss to l~xchequcr. In this process they madt1 life of Innocent CHA,
Department Officers and importers miserable as burden to prove innocence is
primarily on the CHA and Imp otter whose name is usod in the !3111 of entry.
Moreover it is also self evident from the statement of' main accused tendered
u/s 100 of Customs Act 1962 & Mobfle Call Hecord of eight mobiles (500

pages approx) obtained during investigation, that these persons wero

involved in illegal activity for more than one yeat' during the period 2009
2010. Therefore more such cases {:un be unearthed in light of tht:~sc records.
These Impersonators used mobll'l SIM number obtained through fake
documents to hide their identity nnd their fraudulent nctMtles and befooling
the department,
These people had already destroyed avery piece of evidcmce pertaining to tho
custorns clearance of three Bill of Untries as evldmlt in the .N t>. VIII/ SllB/
CUS/l&G/ 128/2010 of M/s Rajdhani Crafts (BOll).

'

Consfd(~ring

above facts you are requested to 1mt following master

documents resumed/obtained through various agencies/ companies/
huUviduals/ Mobile operators/ Transportet of captioned case In proper
lock and key and mab:e a copy available for routine work. These master
documents consisting of almost 1000 I>ages are huvtng e~1sy access as of
now:
1.

"CalJ Data H.ecord" of eight mobile phones for the period 2009~ 2010
This is tht~ only piece of Inculpatory (!Vidence against the real culprit and
of his misdeed which he did for more than one year with his close
associates against the government I citizens by way of impersonation.

2.

Other documents lil<e Departmental Note Sheet, RUDs, Register and

biJI book of transporter etc.

In COALGATE case, AADARSH SOCITY (Mumbal) case and even in captioned

case destruction of evidence had
place which incurred huge loss to
exchequer and created hurdle in fair and further investigation in related
matters.
In past, same persons had done cheating with me also by way of

impersonation and fraudulent activity because of which my CHA license is

suspended. Only above mobile c<lll record can help me to prove my innocence
and exchequer in recovery of gt~vernment levy. It is also requested that above
mentioned document may also be forwarded to lCD, TKO for further
investigation relating to my C. No. VIII/ ICD/6/ TKD/ SUB/6AG
/108/11/21481 dt 5/7/12.
{

Attached: Evidence of Impersonation

Vlll/SliB/CUS/I&G/128/2010

In

air cargo

case

no

ln exam 1nca to

L Nt.:w Delhi regarding

Biplnv

, hl' admitted that the signature in

oooKt~a by Sh Sonu Jain himself on 18.11.! 0

; He also su
t(gned by him, wherein the entry was made in
name of Rajdhani (Sonu Jain) and
ct~tails like AWB and HA WB and
No were
He also submitted a
1
bOtl'k showing lhe account of Sonu Jain.

7.
A Statement dt 8. 10 of
recorded Wlder Section 108 of the

was
that
after loading the goods from Air Cargo
he delivered the sante to their
fOjjpective destination~; that he was shown page :n<.l. 16 of a Register bearing nruue
AERO LINE PRODUCTS and BASIC and after selng the same he admit that the details
given there was of Sh. Sonu Jain and he signed the) said page in token ofhaving Sl:'.en the
same; that he had seen page no. 17 of another tegistcr bearing name CORPORATE
LONG EXERCISE BOOK and he confirmed thatlthe entries we
MWlshi of
f'llansportcr h. 1raves
lJ2. Rohini; that
load the goods and direct him to take the goods to , o
Sonu Jain used to note
hi~; mobile oo; that on the wa~e used to receive 1calls from some person whom he did
not know; that on reachingYiRohini he used to m~et a person who used to unload the
goods; that in this manner he had delivered the goods of Sh Sonu Jain on three ocoosion11;
that he had noted the address where he had delivdred the goods and it was F~22, 68/69,
Sector~3. Rohiui; that he used to deliver the goodsiof Sh. Sonu Jain without any delivery
ch.allan I bilty /any paper.
I

8.
Statement dated 02.12.2010 of Sh. Sanli:r Agarwal, Partner of M/s Rajdbani
Crafts, Kh. No. 1955~1965, Near 6 KM Mileston~, Vill., Jaitpura, Chomu Road, Jaipur
was recorded by the oft1cers of Central
J1aipur Wlder Section 14 of the Central
Excise Act, 1944 wherein he inter~alia stated tha1i their business is of export of wooden
furniture; that they procure various materials duty free like machines, wood, polishing
ma.terial hardware, glues etc, against CT , that! they have neither tlled any B!E No.
168385 dt. 16.11.10 nor received any goods agai,flst the said BIE; that he did.not know
who has filed this BIE; that they don't have any o:(fice in Delhi or nearby Delhi; that they
have not given any authority for release of import4d goods to any one excetlt their CHAs,
MJs EXIM Services, Mls P.M. Logistics Co. P. Ltd . and M/s HTL Logistics India P.
Ltd.; that he did not know Sh, Prashw1 juin, Sh. iBiplav Kumar and Sh. Prashant Gupta
and never had any dealings with these persons.
9.
On 19.1 LlO, Sh. Pr<WhWl Jain S/o Shd Sublmsh Jain Rio B-S/109, Mayur
Ap~ents, Sector 9, Rohini, New Delhi 110085I was arrested under Section l 04 of the
1

tl

had
6'cl/ ,
, Rohini; that
ttJ
Jain without any delivery challan I bilty /any

15.
On 9.1 .10,
was
Simmtronics lnfotech P. Ltd ,
Delhi, the company who introduced
forwarder M/ s Nayak Aviation
was drawn on
spot ~md

Sonu

, New

freight
ru:una dt. 9.12.

Badan
Nayak Aviation
Ltd., Mal1ipalpur, was
Section 108 of the Customs Act, 1
, ,wherein
interalia
they had
the forwarding of pre~ious cunsignments in
Ma a
munication
Nehru
New Delhi (firm
that all
by them in
instructe via
by M/ Abhishek
Chandni Chowk, new
DelhiM6 and M/s Simmtronics lnfotech
Ltd, Nehru
New Delhi;
that Sh. Om rakash,
ass
of
to handover
D.O. to
that Sh. Om
their
company.
A

(RUD~20)
Agarwal,
17.
dated
No. 19
, Near 6 KM
Partner of M/ s Rajdhani
Milestone, Vil1., Jaitpura, Chomu
Jaipur was recorded by the
14
the Central ._,,,...,.. ""
officers of Central Excise, ,Jaipur
Act, 1944 wherein he inter-alia
is of export of
duty
like
wooden furniture; that they
machines, wood, polishing
that they have neither filed
nor
received any goods against
filed this B/
that they don't
that they have not given any
any one except their CHAs, MIs EXIM
Ltd., and M/s HTL
India P.
Prasl1un jain,
Biplav
S
any deaLings with these persons.

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Name: NAY AK AVIATION SERVICES ( PRIV) LTD

Address: PLOT 349 MAI-IIPAL PUR EXTN-37
lA>cation: New Delhi, India
Other Numbers: .Ql116781 IJ.l/ ~~=..:~.~ .~~::._::~~~"'~~"~

During the course of Jama Talashi of Shri

Jain R/o B-5/109, Mayur
9>
following

' found

in an envelop in

(~ OtA~

{)0

li f) ~(/~,rwJ.k,

S/o
Delhi 110085, tbe

i (A\.L

!tf.~'

0 0 DLf 1" l{ ()

t 75

~~ fr'i~
1~., ) 0
v/Vll{ tJ~u. lu
fo f!1
.
f
E:~ f"->~ I C. I~ IP~b~;,<io..! ~.Au A. 4 D<u_ f'

{[) L1).

At}QUt,

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{fsl"'~

Witness No. 1

'j\1'

G4~

J)
{~T~~IJC (\Jf;)I)

0 Yf lc'L

\Vitncss No.2 ~11b/( l(wY('H:L~; 1Df\?<I/J o_

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'/~: I .r5

h !\/ l.(

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vb

Dov~64
no 16

8/, t ,

Similar modus ogerandi is adoeted by accused in ICDTKD & in I&G (NCH}. Same
set of eeople had executed the offence while playing same role since 2009

Excertpts taken from the statemnt tendered by Prashun Jain in Air Cargo in 2010.
Following excertpts clearly proves that
a) That prashun always used name of third person to save his identity from coming on
record. i.e. Mobile phones, CHA, I

This he was doing since 2009.

b) That modus operandi, team & mobile number were same in both the cases i.e.
misuse of IEC of EOU holder, misuse of CHA for duty evasion and to protect their
identity.
SCN C.No. VIII/SIIB/Cus/I&G/128/10
Name of port~ Air Cargo
Dated- Nov 2010

....... I (Prashun Jain) am in the CHA trade for last

years. I am being F card

holder never wanted to endanger my CHA license by indulging in such m

declaration of goods. This is why I chosen Mr Biplav Kumar who works for CHA~
M/s R P Kapoor .......

....... Mr Prikishit (M +8613590421075) & Manoj (M~9278820327) finances for the

shipment in China & they also procure goods in China. Mr Raja (927882032)takes
delivery in Nehru Place, N DelhL .......... I (Prashun Jain) am in touch with Mr

.... These goods (Memory cards etc) were imported by Mr Prashant ........ Mr
Prashant Gupta having office

Maya Sales corp, Nehru Place, N Delhi. Mr

Prashant Gupta lives in Rohini. Mr Prashant is working in trading of computer

parts at Nehru Place ........ Mr Pashant was introduced by Shri Pariksht Sharma &
Majoj Srivastava (China) ..... On previous occasion also I (Prashun Jain) have
cleared three such shipments of computer parts...... Prashant Gupta used
contact me from 9811364889, 9582747406. I further state that earlier also I had
cleared 2 to 3 consignment of computer related items i.e. memory card etc

During the procedure of JAMA TALASHI before arrest three mobile phones
recovered from the possession of Prashun
1

Admission:

I am being F Card holder never wanted to endanger my license by indulging in such

misdeclaratlan of goods, this is why I choose Shri Biplav Kumar who works for M/s
Rajinder P Kapoor (CHA) and he also needed money,

NOTE: During lama Talashi before arrest of Shri Prashun Jain 3 mobile phones were recovered from
his procession which indicates that he was using unofficial mobile far smuggling to conceal his
identification.

/YJ

'}

Question

Who has arranged finance for this shipment under B/E 168385 dt 16/ll/10?

Answer

Mr Prikishit Sharma & Manoj Srivastava finance for the shipment in China & they also
procure godds in China & Mr Rajs take delivery in Nehru Place. M N + 8613590421075
and M No of Mr Raja In Delhi is 927882032.

Answer

Prashant Gupta used to contact me from 981J364889, 9582747406. I further state

that earlier also I had cleared 2 to 3 consignment of computer related items i.e. memory card etc

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Custo~

U/s

Vs. P111&hun Jain

the

Act, L!ll62

On 30.11.2010 along with additional submissions the affidavit of

ro

Rishi,

filed wirh copy of sotrlQ

Customs was

documenJJ and RAM.

fl~ed

of one Tax Invoice was

th~

and it W6lS submitted that the market value

en behalf

applicant

goods is rnuch less than

one cror~ in this ca.se.

It is pertinent to rnentiotl that one
-'-"--~~'~'''~~'''~'"'~''-'"'~'-~'-~'''

applican~ Prashun

Jain has also been

Central ~J.il No.4, Tihar, New Delhi. today

thti.t he

and perusal

record shows

.also retra.cted his statement

Magl::;trru:c OJ 20.11.2010.
The
undec~d

<:lis~

of rhe Customs i,; thm

Micro SD Cards and

,1

RAM

w~

seized which thr.

shed IG1

Airport New Delhi by declaring tbe ,se.me as HEALl; F.P AME. The furt.~t;:r

Custotru~

U/s

tnentioned ln the above said judgment

purpose 'Vtfould

Prashunlaiu
the Customs Act,

Hon'bb High Court

Delhi in

served by keeping the applicant in further custody.

Hence. the applicant Prasbun Jain is admitted to bail on f'Umi&hing a

personal ~t>nd in the sum of

1.00.0001$ wilh one surety of like amount

with the ~onditiona:~

i)

that he shill Join the investigati'>n ns ap.d when required.

ii)

accused Prashl;n Jain is directed to surrender his pcw;po:rt, if

any. before the IO within seven days from today.

Iii)

that the accused will not leave

permission

Copy
and copy

r;ountry without the prior

Lhe Court.

t:le order

sem to

be give.n dasti to

learn~d

necessary informatka
custt)ms.

J\~

/
01,/r"'~a
( Arnit Bansal )
ACMM~O 1
:.: Delhi
01.12.2.010

te 18/11113
To
The Additional commissioner of customs (SIIB)
lCD, TKO, N Delhi, 110020

Subject: Investigation in the case number Vlii/ICD/6/TKD/SilB/6AG/108/11

(Importer: Global Logic India Pvt Ltd~ EOU)

Respected Sir,
You are requested to read this letter in continuation of my previous letter dated 13/2/1
in which I shared information relevant wrt subject case.
In continuation of my efforts I would like to bring a few evidences of mobile record which
further corroborates the submissions made by us till date and holds legal value under
evidence act This information is procured through RTI after pursuance of two
(Annexure page 5-8).
'1

Conduct and role of accused & his associates can be brought on record if the COR
(Call data record} of mobile phone no 9811411804 (Prashun @SONU}', 9811au<tuo;::r
(Alleged Importer) & of his other

sso~::ae:m~s.

case. On proper investigation following

rnatched with the facts and finding of

will emerge.

Important dates wrt current case of lCD are as follows:

a.

'

11 Dec 2009~ Amendment Letter from forwarder was got issued by Prashun &
his associates to effect the change in the name of consignee.

b.

14 Dec 2009~ Bill of entry was submitted.

c.

17 Dec 2009

d.

17 Dec 2009- Goods were handed over to two transporters.

e.

18 Dec 2009~ Goods delivered to final destination

"Out of charge" for the consignment was taken from customs.

confirmed by transporter.

The CDR (Call Data Record) of the mobile phone of Sh. Prashun 9811411804
reveals that during the relevant dates

wrt lCD case i.e. ln .. between 7th Dec 2009

& 18th Dec, 2009 accused had made:

a.

Sixteen calls to rorwarder/ shipping Line (Agility Logistics) on

b.

Eighteen calls to alleged importer on 9811364889.

0124~3989181.

c.

Twelve calls tel person responsible for escorting the truck 9250215321.

d.

One calls to transporter-1 (S K Tpt Co) 9811711802.

One call to

transporter~2

(Vivek

Line )~9971 600723/ 99900801

f.

Seven calls to CHA (M/s Arnbika Enterprises} on

g.

Accused & his associates also

08,

many international SMS

from

the overseas shipper during this period.

h.

Indentor/ financer (9278820327) called ten times to Agility Logistics in single

i.e. 111'12/09. Date on which letter

amendment was issued by Agility

Pvt Ltd. (Annexure page 1Qm1 0)

i.

NOTE: It should be noted that accused never called same CHA, Transporter &

shipping line again in similar pattern. On being successful in lCD in Dec

same team continued doing more frauds using sarm;

of mobile numbers for

another 11 months till the time he was caught red handed by SIIB (I&G, Air
Cargo) on the basis of intelligence. Same is evident from the call log.

If the investigation is carried out properly then it may reveal the facts of the

which

are still under debris and still to be unearthed. In this connection attention is invited
the statements of accused dated 29t11 May, 2012 in lCD recorded under section 108 of
the Customs Act, 1962 wherein he denied any connection with the impugned
consignment & agencies associated with the case of lCD. Whereas the CDR (Call
Data Record) details of his mobile phone during the relevant period when the crime
was committed reveal that accused was the person who was coordinating the
movement since starting and he was in the center of communication till the end. The
details of the mobile phone is a vital piece of evidence under evidence act 1
which needs to be investigated thoroughly to find out the vital clue and to ascertain
where about and connection with the impugned goods. The location of the tower if
investigated will prove that accused & his associates were present at places relevant
to impugned consignment on the relevant dates/ time.

Further the ''Out of Charge" of the impugned consignment from the lCD was done on

17.12.2009 & handed over to two transporters. The transportation was done under

total control of Sh Prahsun Jain as he was in constant touch with the escorting person,

importer & transporter from the time &

of "Out of charge" tlll the next date

18/12/09. The call details on perusal will reveal that on 17/12/2009 accused had called
escorting person (Shri Gautam) 8

for coordination and made last call of the

to importer (Shri Prashant Gupta)

charge". On the next day

PM on 1"1/1

on the

delivery 1

2/09 Prashun

received first call of tt1e day from escorting person. He also made first out going call
the day to escorting person

6 AM, 6.02am & 6.04 am & subsequently made thirty

calls to importer (Prashant Gupta) of the impugned consignment. These findings

corroborate with the statement/ evidences of transporter M/s Vivek Road Line, my
statement, Statement of my staff, forwarder (Agility) and from my office log book
Detail of Mr Gautam was provided by Mr Surinder of M/s Vivek Road Line frorn his
record. 1/0 also made search to premises of Mr Gautarn as revealed by them during
the statement

The mobile used by accused & his associates were not in their name but they

were found to be actual user as evident from following facts of air cargo
a.

Page no 15 & 16 of department note sheet of I&G (air cargo) case. (Annexure

page 9~10)
b.

Document of Jama Talashl of accused. (Annexure page 11 .. 11)

c.

Inculpatory statement u/s 108 of Manager (International Division) M/s NAYAK

AVIATION SERVICES Tel 267811

/32 dt 9/12/10 and statement of Prashun

(@SONU) himself tendered at air cargo. (Annexure page 14..15)

d.

NOTE: SIIB (I&G) had also

to know through CAF (Customer Application

Form) that all impugned mobiles were procured by using fake KYC by
save themselves from the dire consequences under the well thought strategy.
Same corroborates with the modus operandi

revealed by Prashun In his

volunteer statement in which he confessed that: .... He Is CHA holder and

never wanted to endanger himself by Indulging In such mis~declaration

the goods and that is why he chooses others.,.,

7

Sir, I have been made as a victim of the circumstances and a scapegoat and my CHA
license has been suspended since July 2012 till now.

In our submission before

was

SIIB officers we have

Prashun and under complete

him.

as per instructions

Is also evident from the

as he first coordinated with the two transporters on the night of ''Out of charge"
subsequently started talking to th<i

responsible for the escorting of truck from

lCD as per CDR. In my first statement dt 1/3/12 I prominently pointed out that

matter can be solved only in the light of findings of the Air Cargo case but it
that same is got ignored by the investigating officer during the period April 2012
2013 for the reason best known to them.
8

Complete data of "Call Data Record" is of 600 sheets and having approx
entries. This is a important corroborative evidence in both the cases of I&G as well

lCD. But still same is not persuaded by either of the port further in spite of availability
of same since 2010 as evident from the noting made in page no 15~16 in the case of
air cargo offence. Note sheet of air cargo case is available with lCD also since 201
and must have been perused by three 110 since then.
Prayer

In view of above, your Goodself is requested to look into the matter personally and
go to the bottom of facts to reveal the misdeeds of real culprits in the light of facts
evidences submitted herewith. You are also requested to call complete documents
from Air Cargo case.

Tl a\ks
Y

~~)~inc:W:Y,

1';r)'f:

Prav n Garg
(C/o M/s Ambika Enterprises)
R/o A 2383, 2nd Floor,
Greenfield Colony, Faridabad 121010
Attached
Annexure from page 5~15
CDR of three mobile (Call Data Record from page 16-26 )

,,.,.
~i

AMBlKA ENrERPRlSES
\0/2007, Customs Ckanng Agent
1. Mail: icdtkdwl,gmatl.com. Tel
64HHL F 26364619

.07.

To

T'he
New Custorns riouse, near L
New Delhi

(1 & G),

. I. Airport,

Madan1,

No.0:3jNLB/POLI
I1earing on
.07.

Reg: Receipt of
1 2012

1 .

Denying all the

of your

Order which fonns the

you to kindly

suspension

which eventually conce

In this

the following

based (on appended

considered as the

rnore

and pinning down

in shielding the wrong

persons like rne.

IS

turned out to

The whole investigation

e

the sarne
shoddy

incorrect being based on incorrect

carried casually

said

and

evidences)
will

shed

that the n1aterial

before your goodself for the purpose of suspension was

and

to

alias Sonu Ji
activities

who is

n1e and

rnastcrrnind behind the

carried out by the rnodus

the fair nan1e of

shield Shri Prashun

operandi of

oriented unit

also of

It
ar1

out its

HA

with

before

design of cover up

some

becorne

, through you

to n1e, I

n1atter

any appropriate independent

only customs offence but

It

endorsing a copy

with this intent

to the Chief

Custon1s, New Delhi whose reputation

arrive at

ability

rnve

truth is well known.

on 14th Decernbcr,

That the
import document for which

by
.,
J 1. This

who is also known

maintained at

as
(a)

I arn

lS

office known as "Office

Custorn

following

. No., Party Narne &

(b) Container No. (c)

(d) Bill of Lading (e) Transporter (f) f::TA Mumbai(g)

Arrival (h) IGM (I) Job No. li) Job Order (k) Out of
Duty (rn) Bill of Entry Detail (n) Ground Rent,
The above

by us from April.
No.

Msw, 2011, in

the alleged in1port 1n

of which
was

of the

during

, S.I.LB.,

Tughlakaba.d dated 0 1.

However, there
2

no

(1}

you.

of the sa1ne rn

to

in routine as
are

and all en

are in chronological

order and therefore

serial nurn ber

value,
as

1'

indicates that
was

by

Annexu:re~A

India
popuL::tr nan1e

Ji, which

frorn CI1.A

Prashun Jain and

well as rny employees.
At Annexure -A, I arn
2008

courier

placing
Sonu Ji

2009

of

the sarne

the relevant tirne was

even as per

records of Shri

above

. The

be

subjected to any forensic exarnination relating to

, if so

rnaking

by the

the forgery 1n docum.ents was conducted by

Prashun Jain,

as truthfully stated by n1e in

dated 01.03.201

before

N. P.

Custmns, ICD, Tughlakabad,

Superintendent
are bound to be

docurnents like procuren1ent certificate

. available

norn1al course

handwriting of Shri Prashun

and

to forensic examination to

the truth of n1y

that

Prashun Jain was

actual culprit who cornn1itted

knowledge of

concerned.
3

It was only around

N.

'2011,

Supdt.
c India
to

by the concerned

I started

Tughlakabad Authorities. That,

out to Shri

own
who was found

the known address and

reaching out Global

Private Lirnited

the

given on the Bill of Entry. On 28th February, 2012 I

Pul Pn:thaladpur Police Station, a copy

police cornplaint

which rs placed as Annexure-B,

')0 '12

on

aspect
c01nplaint to

the
,~;,

, through

po

Con1nrissioner (Import

General).

evidence of dispatch are

as

''

as well
Relevant

Annexure~C.

108 of

recorded my truthful

all the facts

of which

culled out in
to bring on

full
as Annexure-D
to rny letter dated

infonned in

'

before Mr. Sharn1a, Supdt

Superintendent I

the Suspension

to a Sun1mon

On 1st March, 2012 in

Customs Act, 1

~.

I have been
2~3.07.2012

as culled out

to the Conrmissioner (I & G) that only

that

Suspension Order

ICD, TKD since the full

can
4

of

saJn.e was

me

through

' I

24.07.2012 (Annexure-E).

two and a half

On 01.05.2012 i.e.

illegal

was conducted in
were

at ICD, TKD

reh::vant by the

On 07.

frorn the

were

Mr

.20 12 I

response to

. Yadav, Supdt. in
provided

docurnen ts which were available 1n rny office (1)

transporter were g1ven

him.

staternent of

Kumar, i.e. n1y employee

was not incriminating and

recorded which I
even

rnen tioned

Cornrnissioner of
for suspens10n.

, ICD, Tughlakabad while

However, I arn in

13.07.2012 wr.tich

Lalan Kurnar
sarne 1s

Thereafter on 04.07.

1n
1s

of

of elaboration of

to Mr. R. 8. Yadav,

Annexure~F.

Further it was found byrne on 16.07.2012 that rny

of license
could

in EDI

on
')~.. 1 0 71.

on 1ne

'12 , was

formality. A

18.07.2012 to

placed on record as

Annexure~

The investigation so

by the investigating

the Departrnent

of

indicated below:
(l)

Why

no

forensic

has

been

collected

documents like

hcmdwriting of

, Invoice with
handwriting of
(ll)

the

Why the investigation

what .happened to
to destination as

(Ill)

whorn the goods were

and by whom?

Why the

not

the
and to whom he was

who was the

whether to
(IV)

Who in the

closely

Logic India

while working in the CHA

M/s V. K. Jain
M/s Global Logic

(an appointed CHA

2002 onwards and

of Delhi)

Air
6

with

ex~employer

(V)

and

Who in

senous

contraventions

with

Customs

Dest,ite my mentioning that as per press reports and

RTI information received by me Shri Prashun Jain
was involved in the smuggling activities and was also
arrested

on19.11.2010 by

the

Commissioner of

near IGI

Customs {I & G). New

New Delhi, in which

had duped i.e.

Rejender P. Kapoor Proprietor

M/s Raj'

(CHA company) by

identity without

knowledge.
The modus operandi used by

Prashun J

sirnilar as nan1e of an EOU e. M/ s Rajdhani

forged docurnen ts
public
(VI)

used

reports,

in that

as

Annexure-H.

annexed

Why

Kun1ar

elaboration

was

of

not

recoinmending authority while

placed

with
before

reporting the whole

matter to you?
(VII)

1nore such illicit imports

Who continued to

s or the warehouse

on
which

purported

containers

were

landed

by

(lX)

above

Whether

in this case is the same

Prash un Jain was

person

ln

and whether they were booked frorn the

country'?
(X)

Whether due

was

by the

at

and

cleared the

with in

the

any contributory

ti,me or whether

docurnents were produced by

To fortify rny
Shri Prashun

who

was

~Jain

diligently done

rneticulously that he

operation carried out

all the

but

dupe not only the

and the forgery

officers who dealt with

and that n1:::tstennind was

potential to

Prashun "'Jain only, I an1 producing herewith a forensic

evidence

of a handwriting expert

scientifically e

s that Prashun Jain was

behind the whole illicit import

tnanaging to

Annexure~I

even at
out with

by

before the

111<::1!1
lS

cross

we

For the reasons

Jain in this
the truth..
LEGAL SUBMISSIONS:

following legal

In addition to above factual

are made:
(i)

ICD TKD on the

that report of

did not

suspension order
the vital testirnony of

of
into

Lalan Kumar as contained in

"

version dated 04.07.201

and 13.07.2012 and

require re-consideration.

(ii)

that the report glVen by

outcome

Con1rni

'

of improper

indicated above

(iii)

ICD TKD

re-consideration.

that knowledge of

documents cannot be attributed to rne

or any of rny staff

was solely in the

Shri Prashun Jain.

Reliance in this regard is placed on:

(a) ~~010 .. J252) E.L.T .. 442 fl)i. ~ Ahmd.L PRAKASH
POONIA Versus COMMISSIONER OF CUSTOMS,
KANDLA

Penalty on
nowhere

- Bogus/
of appellants and
evidence

show
9

a1lowed

Customs House
- Suspension of~
16 n1onths ~
continuing
about
Agent, but about not
knowledge that
~ Irnpugned order
evidence and considerable time lap
order ~ Show
propo

show

(iv)

when the

that the suspenswn

of de

no

than 30 n1onths old and

a late

evidence etc. is
.

suspens1on

. .
1s 111

the spirit of law

should

below requiring that

I

Reliance in this regard is placed on.

10

immediate

1s n1ore
of

(a)

.) "
his license
suspended. Such suspension is normal
done to ensure that he
not misuse his position as CHA, having access
to Customs area to destroy
if any, and also to be on guard about
his actual involvement that nmy be unearthed during investigation .. "
It is obvious that after 30 months of the incident such reasons cannot be
stated to exist.

Customs House Agents

- Suspension
suspended after
months frorn
second shipping bill No show
for
revoking the
been
to appellants suspended only in
issued to a CHA could
inunediate action was
and that too where
against CHA was pending or conternplated - Order

Regulation 20(2)
suspension of C11A's
Regulations, 2004.
Customs House Agents
(c)

2909 (24~~~ 641J~ri.. Chennai) VECTOR FREIGHT

fORWARDERS Versus COMMISSJONER 0~~ CUSTOMS 1.
TUTICORIN
-~-~-~

Custorns House
action
Suspension ordered
contraband exported with
Prin1a
on 12 -2008

of

Imrnediate

11-2008

pending enquiry
11-2008, i.e.
was not consistent with
of Customs House
provisions
No additional
Licensing Regulations,
HA in
evidencing culpable involvernent of
11

between
-9~2008
Comn1issioner that
continue to function as a
jeopardize Govt
- Pending completion of
investigation under CliALR, 2004, the
of violation
vanous
s of
13 ibid
been prematurely
found. [paras
7]
(d)

2009 {233} E.L.T._~Tri.

M~mbaiL AMI GLEARING ~
FORWARDING PV'!~l!'!~Q.! Versus COMMR. OF CU~9J~
MUMBAI:

- Suspension of, in1mediate

suspenswn
licence in
2008 for
that took place 1n 2005 - Abetment
fraud,
imported duty
local
- Director of
carried cash froxn
to importer,
stan1p
,
goods for delivery in
for high
1narkets
CHA involved hin1self in illegal activity
violated Custorns House
Regulations,
Delay in
as
noticed by Cornmissioner
later
following adjudrcation order
situation
call for immediate
of
- Regulation 20 ibid.
[para7}
(e)

2006 (199} E.L.T. 340 (Tri._: Chennai} A.V. THOMA~ t\ CO!.

LTD. Versus COMMI~f?IONER OF CUSTOMS, COIMBATORE

- Customs House Agents

Suspension of Information
about incident in
2003, forming
of ground of
by en1ployee of CliA,
to
by two
January 2004 - In February, 2006,
suspended
enquiry, on grounds of 'urgency' facie the delay
in initiating action
of bona fides
ground of
which had to be determined with
to
of acquisition
of department about
incident Suspension
- I~egulation 20 of
House Agents

Regulations, 2004
Customs Act, 1
. [para 4}

200J!89lE.L.T. 127j_Td.~JY!!!mbai) CANNON SHI~G

~~LTD~ Versus COMMISSIONER OF QUSTOMS 2 ~UMJ3A!

(f)

for a suspension 21 of Custorns House

Rule
of Custorns
2004.
that there

(v)

nothing in suspension order that

.
.
an rnquuy

requirernen t under
Reliance in
-

completed, as

or
20.

on:

2008J~~~'f

65 fT!b Chennai)SANDEEP & ~

Versus COMMR. QF CUS., CHENNAI
Customs House Agent's
Suspension of suspension - Atten1pt to stnuggle red
in
months without any finding
Order
appellant CHA was involved in
illegal
or
abetting in
of violation of provisions of CHALR
without specific/proven
~ The
are of
nature for violations of
of Regulation 13
House Agents
2004
Suspension
under Regulation 20{2) ibid is called for when
Commissic:>ner finds that an enquiry against CHA
pending or contemplated In red
case no
till
date initiated
CHA for involvernent in illegal
April 2007 - Irnmediate
should have
April 2007 - Delay of 6 months
20(2)
ground enough to
the order and shows
application of rnind by
- Suspension of

(vi)

w1thout

that

conslCiering all

of

on record as on

suspenswn and that yo11r office was only provided with

selective portions of

not even the

of

the staternent, as inforn1ed by Supdt. (Policy) in your

when we approached him on

.07.

1 for supply of RUD'

(vii) that till date we have not been supplied with RUIYs by
your office or the Office of Con1missioner of Customs ICD, TKD
despite request in this

(viii) that the suspension

to

invoked in EDI system even

issuance of the irnpugned suspension order and its

and is therefore has been done as a

requested that the

In view of the foregoing it

n1ay please

forrnality.

unwarranted and

revoked

Thanking you,

Yo~~. faithfully

Encl: As above

,,,~

~/

PRAVE

NCARG (CHA)

M/s Ambika
14

l 7 JUI

, :1
Copy to

Chief

with

to kindly

of Customs NCH, New

investigation

rnatter.

PRAVE N GARG (CHA)

M/s Arnbika

Jiil
AMBIKA~,

ENTERPRISES

l
. Customs Clearing Agent
EMail: icdtkd@gmaiLcom . .Tel26364108, F 26364619

Dated: 2/8/12

'
''

To

The Commissioner of
lCD, TKD

New Delhi
Respected Sir,
Reg: Investigations relating to

/E 856627 dt 14/12/09 (M/

Global Logic India Pvt Ltd- EOU).

Your ref. letter No. VIII/ICDJ6/TKDjSIIB/6AG/ 108/11/21481 dt S/7 /

This has reference to the investigations conducted

by the investigating officers, It
above matter so
submitted that the whole investigation has turned
be an
in shielding the wrong doers and
down innocent persons like rne. In this context
following
grounds based (on
documentat-y evidences)
kindly be considered
san1e will shed light that the material placed
good self for the purpose of suspension of my CHA
was incorrect and
to malign me and
Shri Prashun Jain
Sonu who is the
behind the smuggling activities carried out by the
operandi of rnisusing the
n<:une of an /export
unit as also of an established
which has
carrying out
activities with

,JLUuHJ

Admin Bldg, lCD,

Floor, Greenfield

I, therefore, through you

this

even
enquiry by any

involves not only

intent that I have also
Commissioner of Custotns, New Delhi
1. That the alleged irnport happened on 14th December, 2009
import document for which were given by Sh. Prashun "Jain, who
is also known as 'Sonu Ji', This fact
maintained at ours office known

evidenced by a
"Office Logbook"

Custorn's direction bearing following

(a) Sl. No., Party Name & Reference (b) Container No. (c)
(d) Bill of Lading (e) Transporter (ij ETA Mumbai(g)
Arrival (h) IGM (I) "Job No. U) Job Order (k) Out of
(1) Duty (m) Bill of Entry Detail (n) Ground Rent,
2. The above register

maintained by

2011, in the aforesaid

from April.2009 to

Entry No. 461 pertains to

of which the suspension order has

alleged hnport in

issued. Photocopy of the relevant

search operation by the Customs, S.IJ

was resu1ned
I.

D., Tughlakabad

dated 01.05.2012. However, there is no rnention of

same

the facts placed before you. Needless to say, that the

been rnaintained in routine

prescribed and all

serially numbered and

have

evidentiary

copy of which

enclosed

order
, the

serial

Annexure A clearly indicates

2

Lin1ited was referred by

the Global Logic India

Ji, which is popular name

"Jain and same can

Mr.

checked from CHA

At Annexure -A, I am

and 2009

the

addressed

address even as per CHA

relevant time was

Shri Prashun Jain. The

as above can be

any forensic

to tin1e and making

etc., if so desired by the Departrnent

:3. Since the forgery in documents was conducted by Shri

Jain,

as truthfully

01.03.2012

by me in my

before

N,

Sharma, Superintendent

Customs, ICD, Tughlakabad, there are bound to be number

documents like procurement certificate

available in nor\nal

course having the handwriting of Shri Prashun Jain and

can be subjected to

examination to arrive at the truth

my assertion that Shri Prashun Jain was the actual culprit who
cornmitted forgery exploiting lack of knowledge of
concerned.

It was only ar<>und 29th November, 2011,

undersigned through Shri N. P. Sharma, Supdt. learnt

re-warehousing certificate of Global Logic India Private Limited
was still pending and had not
Range/ importer to the

sent by the concerned

ICD, Tughlakabad Authorities,

thereafter I started making

out to Shri Prashun

own inquiries including

who was found unavailable
3

J,J,""'"',~."''"'

out Global

known address and also

Private Lirnited
February, 201
Police

Pul

Annexure-B, """"'''"'"

a copy

the matter involves,

of forgery on

2012, I also made complaint to CBI, through speed post as

as to the Commissioner (Import and General). Relevant
are placed as

with evidence of
4. On

1st

March, 20 12 1n

Annexure~C.

a Summon issued by the

Superintendent I

before Mr. Sharma, Supdt,

recorded my truthful

under

Act, 1962, extract of which

108 of the

culled out in Para-6 of

Suspension Order. The full statement to bring on record

facts is placed as

Annexure~D

as I have been orally informed in

response to my letter dated

Commissioner (I

.07, 20 12 addressed to

G) that only

Suspension Order

as culled

and that copies of the

can be received from ICD, TKD, since the full text of

the

and the srune was

upon Documents

supplied to me therefore I approached to Cotnrnissioner

Custorns, ICD, TKO through later dated 24.07.2012 (AnnexureE).

5. On 01.05.2012 i.e. after approximately two and a half

the alleged illegal import,
4

ICD, TKD and whatever

were considered relevant

the search team were resumed fron1 the

6. On 07

approached Mr

.2012, I

response

to

summons

thereafter

. Yadav, Supdt .
provided

following

documents which were available tn my office (1) details

transporter were giVen to him.

Thereafter on 04.07

statement of Shri Lallan

my en1ployee was

which I presume was not incriminating and has not even

mentioned in the rnaterial placed before the Cmnmissioner of
Customs, ICD, Tughlakabad while reporting

for

However, I run in possession of letter dated 13.07.2012 which

in nature of elaboration of
addressed to Mr. R.

by Shri Lalan Kurnar

Yadav, Supdt., same

placed

Annexure-F.
7. I arr1 afraid after going through order No. 03 I NLB I Policy I
dt 17 I 7 I 12 (Annexure G) that the investigation so

done by

the investigating officers of the Departrnent leaves a number

questions unanswered indicated below:
(a) Why

no

been

forensic

collected

in documents like

handwriting of

certificate and Import Certificate,

handwriting of Shri Prashun Jain?

Invoice with

(b) Why the investigation

what happened to

not covering the

as

goods after these were transported

to destination as

transporter's statement

whorn the goods were sold and by whom?

(c) Why the investigation

not

the

was the foreign exporter and to whorn he was

whether to me or Shri Prashun Jain?
(d) Who in the past was more closely associated with
Logic India Private Limited while working in the CHA firm
M/s V. K. Jain

., (an appointed CHA Company of

M/ s Global Logic from 2002 onwards and ex-employer

Air Cargo and other
(e) Who in the
senous

of Delhir?
shady dealings and past record of

contraventions

with

Customs

Authorities?

Despite my mentioning that as per press reports and

RTI information received by me Shri Prashun Jain was
involved in the smuggling activities and was also
arrested onl9.11.2010 by the

Commissioner . of

Customs (I & G). New Custom House near IGI Airport,

New Delhi, in which case also he had duped i.e.
Rejender P. Kapoor Proprietor of Mjs Rajinder P.
(CHA company)

EOU importer M/ s Rajdhani

misusing their identity without their knowledge.

by

(f) The modus operandi used by Shri Prashun Jain

similar
forged

EOU . MIs Rajdhani

of
staDQto~

even

were

info, as

as per public
Annexure-H.

8. If Relied Upon Documents of above case of air cargo of 2010

are retrieved for in depth investigation and comparison of
following crucial facts between the two incidences of 2009
(Global logic at ICD TKD) & 2010 (Rajdhani Crafts at Air
Cargo) is made, then I am sure the truth will become
evident:~

(a) How many times

the past

indulged in the

Prashun Jain

fraudulent imports. As

newspaper he had done 9

of M/s Rajdhani

of smuggling on single IEC

(EOU)?

(b) Whether Customs department was able to catch the fraud

during the routine scrutiny in any of the 9 act of
clearance or he was caught only on the
infonnation after

''Out of charge" of consignn1ent?

(c) Frorn which period Prashun Jain was involved in the

of smuggling?
(d)Why

was

Prashun

Jain

not

clearing

the

consignment on his own CHA license & taking

using other CHA

importer identity?
7

(e) How did he

Rajdhani

of importer of MI

access
(EOU Company)?

(f) How did

of

MIs Rajinder
MIs Exim servrces who

(g) Whether Mr Vinay

providing "Clearing

to Ml

support

Crafts through CHA Mj s Rajinder P Kapoor" was

in Mls V K Jain &

colleague of Prashun

(CHA

and ex employer of Prashun Jain)?

(h) Whether Country of ('Port of booking", Shipper in "port of
loading" of container, mediator in India & mediator in
country of booking are same

both the "'<;A.'""'"

(i) Whether consignment was brought through

lines or forwarder was

for manipulation of

like in case of M/ s Global Logic? If forwarder then to what

extent his role is involved?
U) Whether pattern

payment In india and

remittance was ... ~..

,l.l.l

(k) Whether cornrnodity in both cases was the san1e or

pertained to same industry?
(1) Signature & writing of numerals on documents

authority letter of shipping line etc, and similarity of

same in both

'>J'-''"'"''"C>

(n1)Whether final
Delhi'?

case

both

L1<LVLA~

as Sh. Prashun Jain

West

in West
to detect the

(n)Whether
through routine

tirne of

debiting of Procurernent certificate or audit

(o) What remedial action department has taken to stop
acts after this
(p)Whether

RWC) obligation of

warehousing

to the year 2006-2010

all the import B/

cargo & PPG is checked

any fraud, which

Prashun Jain has not acknowledged

he was

this?
that how rnany RWC

(q) Whether it was

pending at Air

, PPG where Prashun Jain was

clearing maxhnum number of consignment for the

2006-2010 as it

days from

mandatory to procure RWC with

tirne of clearance of consignment?

{r) Whether Prashun Jain was rnaintaining log book,

bill & keeping

of documents as per the

custon1s?
(s) Whether Global

India Pvt Ltd has got

consignment officially in the period 2006-2010

cargo, PPG & ICD TKD fron1 Mr Prashun t1ain CHA of M/

Prashun tJ ain,
are made to find answers to above

I am sure that if

was the same and

operandi in both

mastermind

Prashun Jain was

9,

the open that

cotne out

questions,

Why the statement of

both the cases.

Lalan Kun1ar along with his

elaboration of facts was not placed before your goodself as

recomtnending authority while reporting the whole matter to
Comtnissioner of Custoxns ( I&
10. Who continued to make more such illicit hnports after
success of illicit imports in this
or the warehouse in which

11, Who had taken on rent the

purported containers were landed by the transporters

whether the landlord

that premises

even aware of

identity?
12, Why statement of other

staff

Sh. Anand of M/s

enterprises who has made the entry in office log book

taken?
13. Why the statement of Mr Ranjit who has got done the
in import shed

not

10

not

14. Whether overseas

the above case in which Prashun

Jain was arrested and

case

whether they were booked

the same country?

15. Whethe:r; due diligence was

in 2009 & at Air

the satne person

in 20 10 who

each stage and thereafter in

by

officers

"~""....~

the consignment
the

re-warehousing

certificate with in stipulated tin1e or whether there has been

contributory negligence'?
16. To fortify my assertion that

Shri Prashun Jain and

documents were produced by

forgery was so diligently done

operation carried out so Ineticulously that he rnanaged to dupe

not only the undersigned but also all the Customs off1cers who
dealt with the docurnents and the forgery had the

to

deceive any person and that mastermind was Prashun "Jain only,

I am producing herewith a forensic evidence of a handwriting

expert Annexure-1 which scientifically establishes that Prashun

Jain was the man behind the whole illicit import and even
stage is managing to

by corning out with false

before the investigating

In view of the foregoing, it is requested that proper

investigation should be initiated in the matter to arrive at
the truth, so that Department is not misled again and again
by the wrong doer and is not able to perpetuate such frauds
with a greater frequency duping innocent officers and CHA
like me, a part from respectable members of the trade.
11

sincerely hope that you will appreciate the gravity of the

matter and cause an independent enquiry in the interest of
your own departmental officers and In the overall interest of
the nation.

Thanking you,

Encl: As above

ot)rzetar
PRAVEEN GARG (CHA)

M/s Ambika

12

Appendix

Detail

Copy of office log book + Copy of courier

Copy of Police complain made at Pul Pralhad

police station

28/2/12

Copy of complain made to Commissioner

CBJ
D

First Statement of Praveen Garg on 1/3/12

Letter to Commissioner (I&G) for copy of RU

letter to Commissioner lCD TKD for copy of

RUDs
F
G

boration of facts by Mr Lalan Kumar

Suspension order issued by commissioner (I&G)
reports &

RTI information

of Prashun Jain

forensic evidence of a handwriting

expert

List of some susl!icious Bill of entr'l

1. list of some suspicious bills of entries mentioned at sr. no 1-14. Reason for
suspicious are as follows
a. Transportation of these is done by Shri Prashun Jain from his appointed transporter
M/s Kishanpal transport services even though he was not the CHA as per

of

b/e and only accused made the payment of transportation.

b. Load port of all the shipment is Hong Kong or booking is made from Hong Kong.
c. Bill of entry of serial no

is cleared under NIL duty and under the CHA

M/s R P

Kapoor. A strong case for investigation as duty evasion may have taken place.
d. In SCN no VIII/SIIB/I&G/128/10 of M/s Rajdhani Crafts same modus operandi/
pattern was observed. All the three frauds of the SCN happened on CHA

M/s R

Kapoor (Serial no 15-17).

e. Most of them cleared under the same period in which other

of smuggling is

discovered i.e. last quarter of 2010.

2. To check the violation wrt annexed b/e

asap:

No 1-14 following measures need

be taken

a. Only way to check misuse of CHA license is to demand NOC from respective CHA for
all the b/e cleared under their license'?
b. Only way to check mis use of IEC code or the act of smuggling is to demand NOC
from Importer wrt b/e cleared on their IEC?
c. In all the cases misuse of CHA license is confirmed as per trade?
d. Next victim of Prashun Jain could be other CHAs like Rajinder P kapoor, P P
Siali Air

rgo Agency, Singhal Exim Consult., Jeema & Co.

3. Record of CHAs like P P Datta,

li Air

rgo Agency & Rajinder P Kapoor should

generated from EDI for the year 2009-2010 and NOC should be obtained from them wrt all
the b/e cleared on their CHA. It should be done on priority as records may become time
bar.

Transporter
Name (Bill

No

J:lfE

~~te

982587 ~=~~Jl~lO

110453
142999

28~Sep-10

25/10/10

(Origin)

~~arty name

Ho1
Kong

509077951
Dumpy Creation
JNII.[)UTY)
588069655
Indian Hand fabs

(H~l

HK (HK)
China
(HK)

103927

22~Sep-10

5
6

149276
124370

11/10/10

7
8

977720
300063

29~0ct~10

. .~~.t'K)
CN (HKG)
CN (HKG)

China
3l~Aug10

6/12/08

J!"IL_[)U~)~~ ,~,
0503011258
Metaphor Exports
Pvt Ltd
NIL[)l,ltV
100000011
Delhi Tech University
503028711
R G H lncorp.
0503028711
RGH Incorporation

CHA code & Name

AHFPK3909ECH001
Rajinder P Kapoor
AHFPK3909ECH001
RajLn_~-~ P Kapoor
AHFPK3909ECH001
Rajinder P Kapoor

AHFPK3909ECH001
Rajinder P Kapoor
AABFS7 485ACH001
Seali Air Cargo Agency
AABFS7485ACH001
Seali Air Cargo Agency
AMEPS4194BCH001
Singhal Exirn Consult.
p Datta
p
M/s

know

2901000134
Khalsa Oil Field P Ltd
0500072281
Global Logic (I) P Ltd

Don't

0500072281

M/s

J~hina)

Don't

settled by
Prashun JaJ':'i
Kishanpal
Transport
services

-Do~

-Do,

~Do-

-Do~
~Do~

~Do

~Not

known

(AAHPD8594MCH001)

~'"~'~"--'""""

295748

2/Dec/08

know
10

287662

22/Nov/08

Don't

Datta

-Do~

(AAHPD8594MCH001)
0500072281

know

M/s

Datta

DO

(AAHPD8594MCH001)

11

285089

20/Nov/08

Don't

0500072281

know
12

283701

18/Nov/08

Don't

M/s

Datta

DO

(AAHPD8594MCH001)
0500072281

Jeena & Co

0500072281

Sun

Do

know
L3

366319

20/Feb/09

Don't
know

Rise

Freight

DO

Forwarder Pvt

14

624440

28/0ct/09

Don't
know

0500072281

Do

Do

In SCN number VIII/SIIB/I&G/128/10. Prashun Jain was booked for doing smuggling under following three b/e

Port of
loading

No
15

B/E

date
13/8/10

IEC
Party
name
(Q!:!!iDJ.~.
China
Rajdhani Crafts

CHA code & Name

AHFPK3909ECH001
Rajinder P Kapoor

(HKG)
1398009563

991362

13/9/10

China

Rajdhani

(HKG)

1398009563

Transport
services

(NIL DUTY)
16

Transporter
Name (Bill
settled by
Prashun Jail1)
Kishanpal

Crafts

Do

~Do~

Crafts

Do

Do

(NIL DUTY)
r~

l7

168385

16.11.10

HKG

Rajdhani
1398009563
(NIL DUTY)

1.

Department failed to take action against their own staff for negligence in the matter.