The extended last date of issue of SCN i.e. 18.11.

201 1

approaching.

is fast

As directed, visited the premises of M/s Maya Sales Corpn. at

210, Gedore House, Nehru Place, New Delhi, but on enquiry it was
gathered that the firms has vacated the premises and shifled to some
other place.

The summons in respect of Sh. Prashant Gupta for his appearance

in the court of ACMM, Patiala Mouse on 2.11.11 was received from
Sh. Satish Agganvala, Advocate. When the officers of SlrS Branch
visiled his house to deliver the summon:;, Sh. Prashant Gupta was not
present and instead his mother was present, but she rehsed to receive
the same stating that Sh. Prashant Gupta is out of station. The officers
then pasted the summons at the entrance gate of his residence and a
Panchnama dt. 29.10.11 was drawn in this respect.

On 2.1 1.11, attended the Court of A C m , Patiala House, New

Delhi and submitted the report regarding service of summons The
COURissued a bailable warrant against Sh. Prashant Gupta and the next
date of hearing has been fixed on 16.11 20 11.

I
1

(I

jz-

'

In the investigations till now, it has come out that apalt from the
consignment seized, there are two more B E ' S against which goods
were imported by Sh Prashun Jain in the name of Rajdhani Crafts, BiE
No991362dated: 13 09.10&957813 dated: 13.08.10.Duty calculation
chart in respect of goods seized is placed on page 579/C Sh Prashun
Jain in his first statement dated: 19 1I . 10 (page 8 IC) had stated that he
and Biplav Kumar had cleared three such shipments of Micro SD cards
& RAM in the past in the name of Rajdhani Crafts. In his next
statement recorded on 19.11.10, .on being asked about any such
consignments cleared on earlier occasions, he stated that he had cleared
2-3 consignments of Sh Prashant Gupta and that on these occasions
also, such type of RAMS cards were imported. Taking this into account,
duty calculation in respect of two B/Es reported by Jaipur
Commissionerate is as under.

1.
2
3.

B/E No & date:

Gross yt
168385 dt;16 11 10 85 kg,
991362dt: 13.09.10 200kg
957813 dt: 13.08.10 286 kg
Total duty
I

1
f

i
/

I!

Duty calculation
Rs 100110/Rs 2353200/
i1
RS 33650761Rs 671 83861-

Sh. Prashun Jain in his statement dt. 19.11 10 has named the
owner of he goods as Sh. Prashant Gupta, but inspite of various,
summons Sh. Prshant Gupta has not turned up. Sh. Prashun Jain alsoit
named one Sh. Prikshit Sharma and Sh Manoj Srivastava as the;
overseas financiers of the goods in china. However, since discussed;
and proposed to call Sh. Prashun Jain again after statement of ~ h . 1
Prashant Gupta , page 49-NIS. as Prashant Gupta has not appeared, we;
may again issue summons to Sh. Prashun Jain to obtain details of
Manoj Srivastava and Prikshit Sharma so as to seek a,report through
D M frorr. China which shall help our case make stronger foi!
i
prosecution of Sh. Prashant Gupta.
Meanwhile , as the last dateof issue of SCN is 18.11.11, draft
SCN is proposed to be put up.
j
I,

Submitted for perusal and hither orders please.

Brief Note:
On the basis of
intelligence, the officers SIIB, I&G
Commissionerate, NCH, New Delhi, intercepted an import consignment of
one packet under BIE No. 168385 dt 16.11.2010 which was filed by M/s
Rajinder P. Kapur, CHA in the name of M/s Rajdhani Crafts, an 100%
EOU availing exemption notification attracting NIL Customs duty, In the
B/E, the goods were declared as "Heald Frame" (SR of weaving machine)
having value of Rs. 5668621-. During inquiry one Shri Prashun Jain came
forward with the gate pass of the consignment at the out side of the
clearance gate and introduced himself as Proprietor of M s . Prashun Jain
CHA registration No. R-9 112006 and holder of "F" Card No. 162106. He
informed the officers that the subject consignment was cleared by one Shri
Biplav Kumar, H card holder of MIS. Rajender P. Kapur, CHA having
mobile no. 9999242055 and who has left ihe cargo complex after handing
over the copy of Gate Pass to him for transportation the goods On enquiry
Sh Prashun Jain reveal-d that the shipment consisted of Micro SD memory
cards of 2 GB capacity. On examination 24000 Micro SD Cards of 2 GB,
and 4998 pcs. of RAM of 1 GB of different speeds, collectively valued at
Rs. 67,29,000/- were found.
Sh. Prashun Jain, in his statement said that the said goods belonged to
one Mr. Prashant Gupta and that he will get an amount of Rs. 85,0001from Sh Prashant Gupta, but this fact could not be confirmed from Sh
Prashant Gupta, as he has yet not joined the proceedings. He admitted that
mis-declaration of description of goods and quantity is an offence and that
he has committed blunder by mis-declaration of goods and fraudulently
using the name of 100% EOU M/s Rajdhani Crafts. He hrther stated that
they have previously cleared three shipments of Micro SU Cards and
RAM in the name of MIS Rajdhani Crafts. To that effect, it was confirmed
from MIS Rajdhani Crafts and they categorically denied that they have
imported the goods found against BIE referred above. '
Searches were conducted at the residence of Sh Prashun Jain, ~rashant
Gupta and at M/s Maya Sales Corporation which belongs to Sh Prashant
Gupta, but nothing incriminating was found at the above premises. Sh
Prashun Jain was arrested but later on released by the court on bail. Sh
Prashant Gupta & Biplav Kumar despite repeated Summons did not join
the proceedings, hence a complaint has been filed in the court against
them. The matter is pending in the court.
During investigation, a report from AC, CE, Division Jaipur-11 (page
673-674 CIS) also confirmed that M/s Rajdhani Crafts, Jaipur had not
imported goods vide B/E No 957813 dt: 13.08.10 and 991362 dt: 12.09.10'
which are in their name.
Visited the court in the case against Sh Prashant Gupta & Sh Biplav
Kumar for non compliance of Summons. The Ho'nble Court took
cognizance of the offences and has directed the accused to appear on the
next date of hearing on 2.11.1 1 and 24.10.11 respectively. The court has
also issued Summons to them for appearing on these dates.
Further the Advocate has also stated that even if they appear in the
court, then also the'court cannot direct them to join investigation and at the
most, they can be convicted for non-compliance of the summonses.
Sh Prashant Gupta was further summoned on 26.05.11, 21.07.11,
8.08.11, 8.09.11 and since failed to appear, now fresh summons have been
issued for 14.10.11. Due to non appearance of Sh Prashant Gupta, the
investigations could not be completed as he has been named owner of
goods by Sh. Prashun Jain.

Letter dated: 9.05.1 1 of M / s Rajinder P Kapoor, CHA may

perused. He h a s submitted that Mr Biplav could not be located by him fro
his native place a t the address known to him (photocopy of Air tick
e;iclosed). In this regard, it may be mentioned here that the followii
addresses of Biplav are known:
(I)

1 R-2 1, Pul Pahladpur, New Bari Masjid, MB Road, N Ilelhi- 11006

(CIIA's office Address)
2 C/o S h Sanjay Kumar, 774131, F Block, Raj Nagar I1 Extension, Dell
3 Native place (Kolkatta) (Complete Address to be provided M/s Rajind
P. Kapoor, CHA.

If approved, we may issue summons .to Sh. Biplav a t the above knob
addresses .

(11) Further summons sent to Sh. Prashant Gupta h a s been return1

baclc with his letter dt. 4.61 1 wherein he h a s asked for the specific reaso;
for his appearance in the subject case.
If approved, a fresh summon to Sh. Prashant Gupta rnay also be se
directing him to appear for the inlestigation
(111) A letter dt. 22.6.1 1 h a s been received from Sh. Suti:
Aggarawala, SCGC (recd. on 28.6.1 1)which may kintlly be perused where
he h a s enclosed a copy of the order dt. 9.12.10 of ACMM , New Dellli (
the bail application of Sh. Prashun Jain.
If approved, a fresh summon to Sh. Prashun Jain may also be issuec
(IV) Letter No. 1068 dt. 1.7.1 1, received from Addl. Commissioli
(AE),
Jaipur-I may kindly be perused wherein he h a s directed the AC, C
Div.-11, Jaipur to send the desired report to this office. Since tlie deta
have not yet been received, if approved, ufe may also send a letter to AC, C
Div.-11, Jaipur for expediting the same. Accordingly , letter is put up f
approval/ sig. please.
(V) If approved, summons to M/s Kajdliani Crafts, Jaipur may
issued for sending the re+warehousing certificates in respect of imp01
made by them.
.&?bu

1UT?/)/

Regarding confirmation of genuine imports made by MIS

Rajdhani Crafts, a letter was written to Additional Commissioner to
supply the B E wise warehousing certificates. In this regard, they have
supplied documents in respect of some of the B/EYs.A letter has been
written for report in respect of remaining BE'S and a list of remaining
B E ' S has been enclosed with the letter and their report is still awaited
3.

No new points have emerged during investigation in the matter.

4.

Proposed line of action:

As Sh. Biplav after repeated Summons has not joined the

investigations, if approved we may file complaint against him i l l the
court.
A SCN has been issued for extension of time limit for completion
of investigation by the Commissioner of Customs, I&G on 11.5.'1 1 and
further 0-1-0in th,e matter has been passed on 19.5.11. Final last date
toissue SCN is 18.11.2011.
To take the investigation to logical conclusion, Mr. Prashant
Gupta must join the proceedings in the case.

As desired on pre page no 41of rds, parawise information is as under:

1

'
2

On the basis of
intelligencc, the officers SIIB, I&G
Con~missionerate,NCH, New Delhi, intercepted an import conslgl~ment
of one packet arrived under MAWB No - 58993215485, weighing 85
Kgs, for clearalice of B/E No 168385 dt 16 11.2010 was filed by MIS
Rajinder P. Icapur, CHA in the name of M/s Rajdhani Crafts, an 100%
EOU at Jaipur availing exemption notification attracting NIL Custorns
duty, In the BIE, the goods were declared as "Heald Frame" (SIP of
weaving machine) having value of Rs. 5668621- During inquiry one Shri
Prashun Jain came forward with the iate pass of the consignnlent before
the officers at the out side of the clearance gate and introduced himself as
Proprietor of MIS. Pras11un Jain CHA registration No. R-9112006 and
holder of ['F" Card No. 162106 He informed the onicers that the subject
consignment was cleared by one Shri Biplav Icumar, H card holder of
MIS Rajender P Kapur, CBA having mobile no 9999242055 and that
Shri Biplav has left the cargo complex after handing over the copy of
Gate Pass to him for transportation the goods The Custorns Officers
enquired about the contents of the shipment to which Sllri Prashun lain
replied that the shipment consisted of Micro SD memQrv cards of 2 GR
i a p a c i t ~ On examination~24000Micro SD Cards of 2 GB, and 4998
pcs of RAM of 1 GB of different speeds, collectively valued at Rs
67,29,000/- were found.
Sh Prashun Jain in his statement dated. 19.11 2010 has accepted that
Mr Biplav Kumar had arranged the name and IEC 1Vo of the importer for
the said shipment and got it cleared, that the imported goods do not
belong to MIS Rajdhani Crafts and there is an agreement between him and
Sh Biplav Icumar to the effect that he will arrange the palties who will
provide the financial assistance and procurement of imported goods and
Mr Biplav will arrange for clearance of the goods through fictitious
importerIlEC, whose BIE is not markcd for examination by the system,
that he did not file the said B/E in his name as he never wanted to
endanger his CHA -License by indulging hiinself in such mis-declaration
of goods and for this reason the said B/E was filed by Sh Biplav leumar
of MIS Rajinder P Icapur, CHA, Sh. Prashun Jain, in his another statement
said that the said impugned goods belonged to one Mr Prasliant Ciupta
and lhat he will get an amount of Rs 85,0001- from Sh Prashant Ckpta,
but this fact could not be confirmed from Sh Prashant Gupta, as he had
yet not joined the proceedings He also admitted that mis-declarat~onof
description of goods and quantity is an oKence He also admitted that he
has committed blunder by mis-declaration of description and quantity of
goods and also fraudulently using the name of 100% EOU MIS Rajtlhani
Crafts I-Ie also stated that they have previously cleared three shipments of
Micro SD Cards and RAM in the name of MIS Rajdhani Crafts To that
effect, it was confirmed from M/s Rajdhani Crafts and they categoiically
denied that they have imported the goods found against BIE referred
above.
Searches were conducted at the residence of Sh Prashun Jain,
Prasl~antGupta & Biplav ICurnar. Search was also conducied a1 ws,-Mgya
,Sales__Corporation
which belongs
Prashant
--.-I- to_ Sh
"
_
_..--_-- Gupta, but nothing
incriminating was found at all h e above premises. SliTia<llun Jai~iwas
arrested butlater was released by the court on bail. Sh Prashant Gupta,
despite repeated Summons has not joined the proceedings A complaint
has been filed in the court against Sh Prashant Gupta and matter is
Sh. Biplav I<umar has also not joined the
pending in the court
investigations and is still absconding.
I
.
*
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Penal Code filed by Deputy Commissioner of Customs (SIIB) against Shri
Prashant Gupta along with all desired documents' has been delivered on
23.02.2011 a t t h e office o f Shri Satish Aggarwala (Sr.S.P.P), Patiala House
for further necessary action.

I t is also submitted t h a t this off ice has requested Gp V I I t o provide

t h e details of the procedure followed by t h e m f o r assessment of Bill of

Entry in r / o 100% EOU but no reply has been received SO far. Accordingly a

A complaint for offences punishable under section

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(Special Itlvesiiga tion & 111ieliigerrcc- Branch)

NEVI' CUSTOMS HOUSE, NEW DELI-II-I 10037
C . N ~SIlB/CUSIIGiG/12S/20
.
10

Dated: 19.1 1.20 10

~Ilu-iPrashuii Jail1 Slo Shri Subl~ashJ ain R/o B-51109, Mayur Apartments,
Sector 8, Rohini ,:New Dellii 1 10085
I

qonsequent upon seizure of offended goods .and the volu~itarystatemen.ts

teiidereld by Sli. Prashuii Jail1 it 1las ellierged that Slxi Prashun Jain is activly
involvdd in the s~nlnuglingof offended goods and violated the provisions of
~ustolrlsAct 1962, and the Rules made there under.

11 Sanieev Rishi

Inspector of Customs, presently posted as Inspe,c~or

(SIIB), Office of the Coillmissio~ler of Customs,I~~~port
and General
~ o i ~ ~ m ~ s s i o n e impsrt
r a i e , Shed, !GI Ail-pnyt, New Delhi, and duly appoinred as
an o f i i e r of Custolils vide Notificatioil No. 3 1197 - Cus (N.T.) dated 07.07.199'7>
therefole, having reasoils to believe that you we liable to punishrne,~~t
~~nddel.
Sectio~i135 of the Custo~llsAct 1962; on being duly authorized to do so hereby
arrest you today the 19.1 1.2010. at 20:30 hrs at New Delhi under the powe1.s
vested me under Section 104 of the Custoills Act, 1962

To
The ChiefMedical Officer
Ram h4anohar Lohia I-lospital
Delhi .
S11-,

Sub: h4edical Examination of Shri P~.asitunJail)-t7cg.

Slui Prashun Jail1 slo late Shri Subhas11 Chand J a ~ nhas beell ai~estedunder the
Custolps Act, 1962 by the undersiglled on .19.1 1.2010 at 20:30 houls. We is to be
before the ~3olonoArable Court of' 'AC~M,
Patiala House. New Delhi on
20.11 2010. HISmedical examinalion may please be conducted

,/-7

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Inspector
Nm1 Delhi-3 7

During the course of Jams Talashi of Slxi Prashun 32111 S/O Slxi Subhash
Jain R/o B-51109, Mayur Aparhnents, Sector 9, Rohini ,New Delhi 110085, the
followi~lgitelxis found and were sealed in an euvelop in his presence:-

TVherrss 11la.e are gi-ouqdsfor rsiquiry brill2 ,nadr in cuil~~eclioi~

nfi1li ~nlponcdgoods
undil Gjli fir EQID l\~ri. 1683 85 date; 16.I 3.201 o 2nd 14711~1-cas
1 coilsidei your a t t a ~ d a i i i e
before ll1e is nacrsraq~for giiiing e~/ideuce
or produdioli of docilinents isi ~ C ) U T
p0~Se~S~loil
ClT p01,va- as mmlioned in the sc]le3u1e be]oll~:-

Now, therefore, in ei;erc:ise ofthe poaleir v e s l d i n nlc bit Sectioli 108 of tiii Cuanxls
14:00 hou1.s in SIII:
Room, I m p o r t C ~ I - g shed
o
(behind unacco~npnnicd~:i.:~age Gatrj, Cal-go Terminal.
1GI -4il-port, i i e n Delhi-37 ibr the p u r p s e ll-lmltiolled cbnly.

Aa,1962, 1 hrreh)7 summon you to appear before llle 011 I.Y.ll.10 ai

I'lcase IlUTe tllai gil-inlg false evidence ill ~lieli.p r o c ~ e d i l l is

~ san offsncr
u i ~ dSectie:i
~ . ~ I93 of rile hloia:] 1'pllal Cadt, 1fib0:

.;l 0 u are
7

1101 1 0 leave tl~r,office lx.iirlloul llennission aljd if he case

v.riihout noting the d a t e of adjour-rimcnt.

15

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TE:a COh$ib$iS'i~~~i;lk C)U CuSrr,ohl

'S (mIPOIyrS & G l i N C u L j
(Special lntelligencr 6:Ieveslipalion Branch)
NEW CUSTOhl GOUSE, NEAR IGI AIWOK~., NE\V DELH&110()37
[P'h N0.011-25653576)
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Dated: 19-1 I-.2010

To
Shri Prashun Jail-,
S/o Shri S C. Jail1
B-5409, h4ayur Appts,
SectorT9,Rohini,
New Delhi-110085

Whereas lhere are grounds for enquiry beii~gmade in con~~ection

with imported gooils
under Bill of E111:ry N o 168385 dated 161 1.20112 and whereas 1 coilsidei your uttendarlce
before me is necessary for giving evidellce and/ or plaductio~~
of documeiits in you].
possessioil or power as mentioned in the schedule below :-

_._. . .

..,*....

.___
,

Now, therefore, in exercise of the powe1.s vested in me by Section 108 of the C u a o n ~ s

Act, 1962, 1 hel-eby suil~rnoi~
you to appear before me on 19.11.10 at 1 4 : O hours in SILli
lioanl, Import Cargo shed (behind Unaccomp;ulied Baggage G ~ r c ) Cargo
,
Terminal,
IGI Ail-port, New Delhi-37 for the purpose meiltioned above
Noa-compliance with the summons is an offei~ceunder Section 174 6L 175 of the
.
Indian Seria1'Fo;de
. , ,
"l&o..,
,.i..,,

! . > I ! ,

Please note that g i v i n ~false evidence i!l 111ese proceediilgs is an offence pui~isl~able
under Sectioil 193 of the India11 Penal Code, 1860.
YOUare not to leave the office withoui permission and if the case is adjou~ned,
without notiizg the date of adjour~lment.
.

Rajinder P Kapoor

Answer: The D.O. in respect of MAWB NO 13137006735 & 29768349960 were

handedoverbyMsAnuMathewwhoisworkinginourcompanyasExecutivefor
the last 10 years approx. The officer shown me the letter which I submitted on
29/11/10andIhavesignedthesameintokenofhavingseenthesame.Onbeing
askedaboutthedetailsmentionedletter,Istatethatthedetailsmentionedinthe
letter were furnished by one officer at Singapore and all the dealing had taken
placeinSingaporeandourDelhiofficehasonlyissuedD.O.letterandreceivedall
the payments in cash against the bill raised on being asked ask as to how your
office received the details of M/s Abhishek Electronics (5, Gupta photo market,
Esplane road, Chandni Chowk, Delhi ) M.s Simmtronics, Nehru place Tel
41618247/9810768822etc.MrVijay/MrBrijeshGupta,M/sAbhishekelectronics
etc. Person Mr Prashant Mobile no 9811364889/ 9582749406 E mail
perry8192@gamil.com, I state that all these details have been sent thru email
fromJinuMathewsalescoordinatoratourSingaporeoffice.Iamsubmittingthe
hard copy of the mails having the above details and address of M/s Maya Sales
Communication, Nehru Place received by through Jinu Mathew from
perry8192@gmail.com (this email add belong to Shree Prashant). On being
further asked about the Mr SONU of Maya Sales as referred by Shri Prashant in
para4oftheletterdated29/11/10towhomDeliveryordertobehandedoverin
Delhiagainstcashpayment,hismobilenoismentionedas98114000804,Istate
that these details and mobile number, mode of payment etc have also been
providedbyourSingaporeofficeandthetermsofpaymentandthepersonfrom
whomcashwastobecollectedandD.O.wasdeliveredwasalsoinformedbyour
Singaporeoffice(MrJinuMethew)onbeingfurtheraskastowhousedtomeet
ShriSonuandPrashant.IstatethatShriOmPrakashCargoAsst.ofourcompany
usedtohandoverthisD.O.toShriSonuwhenhemethim.IalsoaddthatShriOm
PrakashhaveleftthejobfromourcompanyinJan2010.Iundertaketopresent
him before customs with in 23 days. I have tendered my true and correct
statementwithoutanypressure,greedorduressandIundertaketopresentmy
selfinthisofficeasandwhencalledfor.

Badal Singh Rautila, Manager Int Division, Nayak Aviation 9958564558 Tel
26781131/323