To
The Additional/ Joint Commissioner of Customs (Preventive),
Custom House, 15/1, Strand Road, Kolkata-700001.
Subject – Showing Cause in the form of Written Objection of employee, Sri Momin
Laskar @ Mintu.
Sir,
On receiving your show cause notice issued by D. Satish, Additional Director,
vide memo no. 06/CL/IMP/DRI/PS/BRM/23-24/35 dt. 10.05.2024. I, Sri Momin
Laskar @ Mintu, Worker of Safiullah Jewelers, of Near Baro Masjid, P.S -
Berhampur, Dist. – Murshidabad, Pin – 742103. Begs to file this representation /
objection by way of showing cause in a proceeding u/s – 124 of the Customs Act,
1962 and prays thar your good self would be pleased to drop and / or dismissed
the same on the following amongst other grounds namely.
Grounds of Objection
i. For that the DRI has no authority to initiate any such proceeding against
this objector nor he had any Locus Standi to file this case.
ii. For that the entire proceeding u/s – 124 of the Customs Act, 1962 is not
maintainable, in its present form under the prevailing laws.
iii. For that, it is told by the DRI and Police Authority of Bhagwangola Police
Station, that some cash money was recovered from the possession of on
Sri Suraj Chandra Swarnakar and a specific case was started against him
u/s – 379/311/34 of the IPC. But it is not correct to say that during
investigation of this case police sized 3 pic biscuits made of gold from the
shop of this objector and from this objector, the police officer has sized the
same by illegal means.
iv. For that it is not correct that this objector gave a statement to this effect on
that 04/09/2023. He had purchased gold biscuit from Sri Khalek Sk. This
objector submits that he never acquainted with Khalek Sk at any point of
time.
v. For that police authority carried out such the of this present objector and
sized some gold ornaments approx. weighing a total of 349 Gram gold
from his shop who deals with gold business lawfully. But no gold biscuit
has been recovered from his possession.
vi. For that the entire allegation made ink the notice, complaint and arrested
memo or forwarding letter are false previously considering the entire
matter, this objector has been granted bail bye the Hon’ble Court,
subsequently the entire case has been handed over the DRI.
vii. For that considering the above, it is confident that your good self would be
pleased to drop the confiscation proceeding u/s - 124 of the Customs Act,
1962 and return those gold article to the present objector.
And your petitioner as in duly bound shall ever pray.
Place – Berhampore
Date – 10/06/2024
