You are on page 1of 37

To

The Additional commissioner of customs {SIIB)


lCD, TKO, N Delhi, 110020
Subject: Investigation in the case number VIII/ICD/6/TKD/SIIB/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 13/2/13
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 years.
(Annexure page 5-8 ).
1

Conduct and role of accused & his associates can be brought on record if the CDR
(Call data record) of mobile phone no 9811411804 (Prashun @SONU), 9811364889
(Alleged Importer) & of his other associates, matched with the facts and finding of lCD
case. On proper investigation following facts will emerge. (CDR -Annexure 16.;26 );

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

d.

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

e.

18 Dec 2009- Goods delivered to final destination as 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. In-between 7th Dec 2009
& 18th Dec, 2009 accused had made:

a.

Sixteen calls to forwarder/ shipping Line (Agility Logistics) on 0124-3989181.

b.

Eighteen calls to alleged importer on 9811364889.

c.

Twelve calls to person responsible for escorting the truck 925021

d.

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


One call to transporter-2- (Vivek Road Une)-9971600723/ 99900801

f.

Seven calls to CHA (M/s Amblka

g.

Accused & his

on

08,

received many international SMS

from

the overseas shipper during this period.


h.

Indentor/ financer (9278820327) called ten times to Agility Logistics in single day
i.e. 11/12/09. Date on which letter of amendment was issued by Agility Logistics
Pvt Ltd. (Annexure page 10~10)

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 2009
same team continued doing more frauds using same set 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 case which
are still under debris and still to be unearthed. In this connection attention is invited to
the statements of accused dated 291h 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 his
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 & date

"Out of charge" till the next date

18/12/09. The call details on perusal will reveal that on 17/12/2009


escorting person (Shri

had

coordination and made


PM on t

to importer (Shri Prashant

2/09 on the

charge". On the next day i.e.

of final delivery 18/12/09 Prashun (@SONU)

received first call of the day from escorting person. He also made first out going call of
the day to escorting person at 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 also.
Detail of Mr Gautam was provided by Mr Surinder of M/s Vivek Road line from 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 case:
a.

Page no 15 & 16 of department note sheet of I&G (air cargo) case. (Annexure
page 9"10)

b.

Document of Jama Talashi of accused. (Annexure page 11~11}

c.

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


AVIATION SERVICES Tel 26781131/32 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 came to know through CAF (Customer Application
Form) that all impugned mobiles were procured by using fake KYC by accused to
save themselves from the dire consequences under the well thought strategy.
Same corroborates with the modus operandi as revealed by Prashun in his
volunteer statement in which he confessed that: .... He is CHA holder and he
never wanted to endanger himself by indulging in such mis~declaratlon
the goods and that is why he chooses others ......

Sir, 1have 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 the

SIIB officers we have stated that

transportation was done as per instructions

Prashun and under complete total control of him. Same is also evident from the
as he first coordinated with the two transporters on the night of "Out of charge" &
subsequently started talking to the person responsible for the escorting of truck from
lCD as per CDR. In my first statement dt 1/3/12 I prominently pointed out that lCD
matter can be solved only in the light of findings of the Air Cargo case but it appears
that same is got ignored by the investigating officer during the period April 2012 ~Jan
2013 for the reason best known to them.
8

Complete data of "Call Data Record" is of 600 sheets and having approx 25,000
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 1/0 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
evidences submitted herewith. You are also requested to call complete documents
from Air Cargo case.

Prav
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 )

OFFICE OF THE COMMISSIONER CUSTOMS (IMPORT & GENERAL) NEW


CUSTOM HOUSE: NEAR
C.No. VIII/CPIO/RTI/I&G/38/

AIRPORT : NEW DELHI

13

110037

10.201

To,
Floor,

Colony

Faridabad.

of

In this
Which

cover all

report
points

by you

your

As

Yours faithfully

OFFICE OF THE COMMISSIONER OF CUSTOMS(I&:G)


(Speciallnvestisatlon & Intelligence Brunch)
New Custom House, Near IGI Airport
New Delhi 110037

1
Deputy
Import and ~"'""'''.'

Th~::

New
'

New Delhi.

Subject: RTI application

Sh.

C.No.VIII CPTO/RTTIT&G/11
reminders even no. 14091
18.07.201 on
ln
to the RTl application
reply along with ne~.;:~;~s5;arv

Query
No.
4

5
8

11

17
A

D
E

1:

l to 89, and Mobile

18/10/13
From
Pnween Garg
A 2383, 2nd Plonr

Greenfield Colony,

l7Brldubad l~lQJQ
To

The Commissioner of Customs (f&G)


New Customs House,
Ne<Jr IGl Airport &Air Cargo Complex,
New J)elhi 1.10037

t
I,

Subject: SecurityI Preservation of relevant documents resumed/

gathered durlng Investigation pertaining to C.No. VIn/ SUB/ CUS/ l&G/


120/2010, B/E 168385 dt 16/11/10 ofM/s Rajdhanl Crafts (BOU)
Respected Madam,

This is to bring In your kind notlc:e that ul>ovu ls the mat~t!f or i 1'l1p~;~rsonatlon
and forgery where three persons impersonated as lmportcr (EOU) & CHA had
incurred loss ttl exchequer, Jn this process they mad.c life of innocent CHA,
Department Officers and Importers miserable as burden to pmve innocence Is
primarily on the CHA and Importer whose name is used in the Btl! of entry,
Moreover it is also self evident from the statement of main accused tende1ed
u/s 108 of Customs Act 1962 & Mobile Call Record of eight mobiles (500

pages approx) obtained during investigation, that these persons were


involved In Illegal activity for more than one year during the period 2009
2010. Therefore rnore such t:ases (;an be unearthed in Hght of these records,
These Impersonators used mobil: SIM number obtained through fnlce
documents to hide thelr Identity nnd the!r fraudulent activities and befooling
the department.
These people had already ciestroyed every piece of evidence pertaining to the
custorns clearance of three Blll of Entries as evident in the .No. VHl/ SliB/
CUS/ l&G/ 120/2010 of M/s Hajdhani Crafts (E:Oll).

Considering above facts you are I'CCJuested to JlUt following master


documents resumed/obtained through various agendesj companies;
lndivldnaJs/ Mobile operators/ Transporter of captioned case in 11roper
loci{ ami )(cy and malu'l a copy available for routine work. These master
documents consisting of almost 1000 pages are having easy access as of
now:
L

"Call Data Record" of eight mobile phones for the period 2009 ZOlO
This Is the only piece of Inculpatory evidence against the real culprit and
of his mlsdt~ed which he did for more than one year wlth his close
associates against the government f citizens by way ofimpersonatlon,

2,

Other documents Uke Depa1tmental Note Sheet, H.UDs, Register and


bill bool( of transporter etc.

In COALGATE case, AADARSH SOClTY (Mumbal) case and even In captioned


case destruction of evidence had taken place which incurred huge loss to
exchequer and created hurdle In t~1ir 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 call record can help me to prove my innocence
and exchequer in J'ecovery of government levy. lt is also requested that above
mentioned document may also
forwarded to ICD, TKO for further
investigation relating to my C. No. Vlll/ ICD/6/ TKD/ SIU~/6AG
/108/11/21481 dt 5/7/12.

y~=~~
Ljl~

Pra e(tn Garg


Attached:

Evidence

of impersonation In

Vlll/SUB/CUS/l&G/128/2010

alr

cargo

case

no

0{.\r
'

R"1rW;;-

I o

tv

v\ rtw'

~ k t~t ~A, e~{l t~~


rfr.;::J. ~

~ /)IAL.

/...~1.4

iff\'

~~

t t{;;:r~

Jij Jltf/' l(,/P


.;.L~~~ /1 Lv\ tf(J

"\.Jl"j.~

. (,Mf)

~~

j()1
1(,\~.

/T.~~

i~ 'Y\VV D!~( !tt~ iM1'> ttw


<~~
)~o

.'l~~lf.

tt -E'

~Lt~

:e/v\- lt;;;t~t~ ~v~~

cv

ci}JU\

'tLbf~"

4 S 8 2. 1 ~ :r Lto'

. )~<>u ~t

"'t.IJA..:

\<.)

6!

~~

~ ~

C<'>JJ,

<S~c;.c,,

~ ~"(!,)Ky~"-tJJ

'"1:AMA

During
course
Jain RJo B-5/1 09, Mayur
following items found and were

0"')

OtAJI

S/o
Delhi 110085 1

Lt-rtlJ~J~

6a!D/;~
o oLft 4 o l

HO {:-(j~P4J
~/~(.,/'

.r u~u
f Ak~)ll~, 1

E: ~

f,._.~

vi"i

)0

.t,e~&

I Cti h C.~ b'

() t-u ~~ ~LeJL~ ~

~)~~u
A B tr

JU:,) /

b {)

11WJ~

.f\1 .'

Witness No. 1

11}'1 a;41

:,;f
+
\Vitness No. 2 ff~hiJk /;/

t r't.Lvn\ct))~

'31

\. /

\Of f)U J o.

Jo

t)v'\CQ

c~J~';;D

(1 t:V~t! {l '<Y \

C:'-f 0. \"I"~ ~,
/,{)

,~N,,,~

('A.vJ ~hy\J;l,;~0.

{'''

)(/'

~~v

( tb

lo':rv\

J'('tJ

,:;r.-:h "-~,
t

'-r.,.!"""' .
~

'i

kw-cL
&"" 1>

a-.t>

T iWl. .:1 L

""

I I
4'(
,,

fl. C L"

6b

S,
)>'1 j) J.iJj O'i{
.,

'(<'>-:::> " ,,, "'''"

tl\'()

)J6~( Cit\
/>TI) 2A'J/ {/ /'btJtfl}

Cl

~\;,'

/1J

Wv')

<;;;.r r;y, t'- ftA~-(

l
l

(h tl\;n~~

e~().l.l'l~-, ', b o ~
t<t"'l""''L~c~.~f
'li:>v eo-vv, pa

r::v1

, u~

\<':.~ ~,C<Z:.J{

'

\.;LtAt\~tv..: .,

~J

~"

0'1

'l)..:"J.Vt'"VV

tfv-;.

1Cili')

:;) I D lt

j)rD

:HfJ~~~. S'"Lt
#

kvtt.~

.~,

h
,;:)
.,

'':

'/

IS

('

tN

h,:<.n{lle~\
Ot.~v\1'

db't1 ~

I U/2'"' o

o~,_

.C44"v

~~k~

J (!:

\'y

(:::.

I))

C'A hf<rb> )<",

~)

:I

t;.:::.cJvylr'Ut. ,

f'v,l\ Cll/\ <'\""'I

Lt.J:l'CN

nur'h\~

-\-N\l/\4'

Gkl\
aJ)
'Ci,:;,

I)

t{;

4L. Ct. . "4 k.Lc

J1 c;A:~t c:;

f i'~
7
IJ.)\r. ~llcr~.

0~ v\.j c~
~..eArtt."-4

t:> e

l~,l
/tJ\-~10,
l~~)L"r~

v,..;..

eft
L;,
l;'r'J
v

t:."'"'~~J'

"-.>? bt.Ll

T 0 V\

~)t:\A.(tV\

[(

~.{_d ,

llvvv'<

~Yl

lti

\:I

t,~~'h

Jd""

11:11/~;

:110016654591
,_