IS COFEPOSA LOSING ITS STING? C D N SINGH CASE IS AN EXAMPLE! ?? WHO IS HELPING all these people at MUMBAI CUSTOMS !!!

May 30, 2006

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Date: Thu, 4 May 2006 19:55:23 -0700 (PDT)
From: "Venkat Kumaraswamy" <vmkumaraswamy@yahoo.com>
Subject: IS COFEPOSA LOSING ITS STING? C D N SINGH CASE IS AN EXAMPLE! ?? WHO IS HELPING all these people at MUMBAI CUSTOMS !!!
To: adgvigwest@cbec.gov.in, mail2vigilance@indiatimes.com, dgvig@cbec.gov.in, adgvig@cbec.gov.in, adgvignorth@cbec.gov.in, adgvigsouth@cbec.gov.in, adgvigeast@cbec.gov.in, cvc@nic.in, ddgasab@cag.delhi.nic.in, adco@cbi.nic.in, ssadel@cbi.nic.in, sp2acbdl@cbi.gov.in, dig1acbdl@cbi.gov.in, spacjpr@cbi.gov.in, vmkumaraswamy@yahoo.com
CC: nganesh@expressindia.com, meetujain@hotmail.com, vv_singh@rediffmail.com, viju.balanarayanan@timesgroup.com, ptimumrepo@yahoo.com, ashishkhetan@rediffmail.com

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March 4th 2006

Smt. Neerja Shah
Addl DG (VIg.)
Directorate General of Vigilance,
Customs and Central Excise
West Zonal Unit, 4th Floor,
Transport House, Poona Street, Masjid (East)
Mumbai – 40009

Phone No. (022) 22619506
Fax (022) 23703133

e-mail:  adgvigwest@cbec.gov.in
mail2vigilance@indiatimes.com


Sub:   IS COFEPOSA LOSING ITS STING? C D N SINGH CASE IS AN EXAMPLE!

WHO IS HELPING all these people at MUMBAI CUSTOMS !!!

Please read the following article. You might know about this, We would like to get information on this please.

IS COFEPOSA LOSING ITS STING? C D N SINGH CASE IS AN EXAMPLE!

By Taxindiaonline News Service

MUMBAI, 9 DEC : THOUGH Cofeposa is a powerful instrument in the hand of the Central Government to bring notorious duty-evaders and smugglers to book but its poor execution has of late diluted its impact to a large extent. No single agency can be held responsible for its diluted efficacy but none can at the same time escape its contribution to such a pathetic state of affairs.

Take the case of Randhir Singh, second son of C D N Singh, who was detained under Cofeposa but later released on the High Court direction. Though the HC had clearly stated that only his continued detention is vitiated but not the detention order per se as it was based on solid material facts, nothing much has been done by the agencies which are expected to attach his property.

Though the Competent Authorities have initiated a few steps to attach his plot in Juhu, a flat in Bandra, one Mercedes and one Hyundai Accent car but what has halted them from proceeding is their appeal against the attachment order. The Appellate Tribunal of Forfeited Property based in New Delhi is sitting over this case for more than six months now. Why? None knows. But this delay has indeed given enough opportunity to the accused to lobby for revocation of the detention order!

It is very natural for the accused to lobby for it as he believes that he is innocent in this case like his father and elder brother who were also detained under Cofeposa but the same was withdrawn by the MoF after they represented. Sounds weird that though the department took disciplinary action against all those officials who were accused of connivance in this case but the accused themselves were found to be innocent by the MoF topbrass!

If this was the case then why was Randhir Singh left out? Since all three were accused of duty evasion and systematic smuggling through their firms, all three should have been tried for the offence. But the MoF in its unusual wisdom decided to revoke it for the two. Now that the Competent Authorities should have moved to attach their property but they also seem to be under pressure not to do so until the tribunal decides the case.

Though the tribunal alone cannot be blamed for poor efficacy of this act but its time-taking working style is certainly helping the accused indirectly in terms of giving him an opportunity to lobby through various forces for revocation of the order. Second, debatable inconsistencies can be seen in the MoF decisions in recent cases. Then, very few officials in the field take much pain to pursue the case to a logical end. The only exception one may see is that of Taufiq Hazi Gaffar in which Mumbai Customs seems to be giving its best.

It is high time the review process of such cases is made more transparent and the agencies involved in such exercise should definitely take more interest to punish the guilty rather than helping them through their sloppy working style!

___________________________________________________

Please provide the information as per RTI Act 2005. Email is the best wat to send information. Please send the information by email to me.

1. Who was Commissioner of Air Cargo Complex, Sahara when the case was booked against CDN Singh ? Can you please provide more details of the case please.

2. What are the status of this officers ? What are the doing now ?

3. Are there any action that has been taken against this officer by Vigilance ? Please send me the details.

4. Was this officer got any promotion ? If yes, when did this happen ? Please give the details.

5. Is Mumbai Customs working against COFEPOSA Act ?

If we need any more information from you we will write to you.

Thanks
Sincerely

V. M. Kumaraswamy, MBA
This is Mr. V. M. Kumaraswamy, MBA. in business since 1971. Founder and Moderator of India's largest e-governance Yahoogroup under the title eGovINDIA. You can reach this group at http://groups.yahoo.com/group/eGovINDIA
 

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