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Regarding report of committee on amount of customs duty foregone - CWP
No. 409/ 96 - PUCL vs. Union of India
Circular No. 107 dated 26th December 2000
As you are aware, the Hon'ble High Court of Delhi
has been inquiring into import of medical equipments under Notification No. 64/
88-Cus., dated 1.3.88, in respect of public interest litigation CWP No. 409/
96-PUCL vs. Union of India. In pursuance of the High Court's decision, dated
18.10.1996, a one-man committee was set up to quantify the amount of Customs
duty foregone; suggest steps to be taken to collect the Customs duty; and
supervise and monitor recoveries of duty.
2. Now, in pursuance
of the Order, dated 24.11.2000 (copy enclosed), of the Hon'ble High Court of
Delhi in CWP No. 409/ 96, Member (Customs) (Shri K.L. Verma), will act as
one-man committee in place of Shri S.D. Mohile, Chairman, C.B.E.C. (since
retired). In this regard, it has been decided by the Board that henceforth, the
Director General (Inspection) will be responsible for quantification,
supervision and monitoring of the recoveries under the overall charge of Member
(Custom). All the relevant files and documents pertaining to one-man committee
headed by Shri S.D. Mohile will be transferred to Director General (Inspection)
within a fortnight from the date of issue of this instruction. Director General
(Inspection) will monitor the recoveries on a case-to-case basis and prepare the
periodic progress report to be filed in the Hon'ble High Court of Delhi by the
one-man committee. This report will be furnished to the Member (Customs) on a
bi-monthly basis. The last status report reflected the position as on 30.9.2000.
3. All the
Commissioners of Customs are directed to send all the communications/ reports,
etc. regarding investigations and recoveries with regard to cases of misuse of
notification 64/ 88-Cus., dated 1.3.88, referred to them either by the Rosha
Committee or the Ministry of Health, to the Director General (Inspection).
4. The High Court
had set up the Rosha Committee vide its decision, dated 18.10.1996, to
inter-alia, identify the persons in the Department of Customs for
non-verification of post-importation conditions or clearance of such goods from
the ports in the absence of the said certificates without taking adequate
precautions. The main work undertaken by the Committee was to go into individual
cases of grant of exemption and identify the acts of commission and omission of
officers of Customs Department as also of officers of other Departments which
have resulted in loss of huge amounts to the exchequer.
5. In this regard,
all cases relating to fixation of responsibility for loss of revenue on officers
of the Department will be handled and monitored by the Director General
(Vigilance). All Commissioners of Customs are, therefore, directed to send their
complete investigation reports for taking suitable action to the Director
General (Vigilance). The Director General (Vigilance) will prepare the progress
report of the cases pertaining to fixation of responsibility. This report will
be furnished to the Member (Customs) on a bi-monthly basis. The last status
report reflecting the position as on 30.11.2000 has since become due.
6. Upon
receipt of the progress report in the Board Office, from the Director General
(Inspection) and Director General (Vigilance), the status report will be filed
in the High Court of Delhi by the one-man Committee comprising of member
(Customs). The status report is to be filed once in two months in the form of
interim reports as per the directions of the Court.
7. Hearings in the
High Court of Delhi in regard to the CWP No. 409/ 96 PUCL vs. Union of India are
also held on a bi-monthly/ quarterly basis. The status report has to be prepared
for filing in the Court atleast one week prior to the hearing date. The one-man
Committed will be required to file the 17th status report by 15/ 1/ 2001
reflecting the status as on 30.11.2000, as the next date of hearing in the Court
is on 19/ 1/ 2001. The Director General should, therefore, furnish the progress
reports to the Member (Customs) by 5/ 1/ 2001.
8. The Director
General (Inspection) should designate an officer not below the rank of the Joint
Commissioner to co-ordinate with the Sr. Government Advocate, for briefing him
and following the proceedings in the Court. Similarly the Director General
(Vigilance) should also designate a Senior Officer to attend to the Court
proceedings.
9.
This issues with the approval of Chairman (C.B.E.C.). Kindly acknowledge
receipt of the instruction.
CW 409/ 96
Pursuant to earlier order, Mr. B.P. Verma, Chairman,
Central Board of Excise & Customs is present in Court. He has suggested that
in place of Mr. S.D. Mohile, who has continued as one man committee in terms of
the order dated 18.10.1996 and has since retired, the work be entrusted to
Member, Customs. It is stated that presently Mr. K.L. Verma is the Member,
Customs. Accordingly, we direct that in place of Mr. Mohile, Mr. K.L. Verma will
act as one man committee to monitor and advise on the issues related with the
terms of reference formulated in the said order. The Board will apprise Mr.
Verma of this order; have the records of the case collected from Mr. Mohile and
deliver the same to Mr. Verma, who would file periodic reports of the progress
made in the case. Mr. Rosha had asked for some clarification from the Board,
which will be looked into and responded to by the Chairman, C.B.E.C. personally
or through any senior officer to be designated by him. The Chairman has assured
us that the needful will be done expeditiously.
On behalf of Director General, Health Services, a
status report has been filed in Court. We have perused the same. Regarding
inspection of the remaining institutions, it is stated that further inspections
would be carried out depending upon the State Government's response. It needs
little emphasis that work of inspection of the remaining institutions has to
receive top priority and we hope that necessary steps in that behalf will be
taken by the Director General, Health Services. Correspondence exchanged between
the Union Health Secretary and Chief Secretaries of States shall be filed
alongwith the next status report. Report filed today be kept in sealed cover.
List on 19.01.2001.
Copy of the order be given dasti to learned counsel
for the parties under signature of Court Master.
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