M P GOENKA; ANIL JATIA Vs. INSPECTOR, CUSTOM
HIGH COURT OF DELHI
M P Goenka; Anil Jatia
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(1.) Petitioners are co-accused in a complaint filed by Sh. Chander
Pal, Inspector Preventive Custom, New Delhi under Section 135 (1) (b) of the
Customs Act 1962.
(2.) In a nut shell, gravement of the allegations in the complaint
against the petitioners and other co-accused are that premises of M/s. Prakash
Transport were searched which resulted in seizure of imported fabric, in respect
whereof documents of legal import were not available. Names surfaced of
Annapoorna Textiles and Aaditya Trading Company the stated sole proprietory
firms of Anil Jatia and Mahabir Prasad the petitioners of Crl. M.C.Nos.
4255/2006 and 6404/2006 respectively. It is alleged that out of 206 bails in
the godown, 136 bails were accounted for under bill of entry 70 bails could not
be accounted for. According to the complaint the goods in the godown were
stated by the transporter to be belonging to Aaditya Trading Company. It was
further stated that Annapoorna Textiles, the sole proprietory firm of Anil Jatia
had acted as the purported importer.
(3.) Petitioners filed applications praying that they should be
discharged for the reason in the adjudication proceedings, adjudication order
dated 4.5.2000 passed by the Commissioner Custom of ordering confiscation of the
seized goods was set aside by CEGAT vide order dated 2.7.2003.;
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