DRI and forced 'penalty' during investigations – Sentenced before Trial!

The entire narration went on to say to the extent that the DRI is a Goonda Raj. Before saying so one must have basics of Customs Law. Unlike in Central Excise or Service Tax there is no provision in Customs to decide the matters without a notice, even though the duties, penalty, interest are paid. Even under Section 124, oral notice is required. Customs law is a more settled one than Excise or Service Tax and is not new to the importers. Then, is it proper to allege that DRI advised this or that to them.

Customs law is open to all even to the importers referred in the article. No Departmental Officer stops any one to read and follow it. Did the DRI stop anyone to study it.

Further,the story went on to comment DRI in postings,performance,rewards,economy and so much general in nature like an election speech rather than academic as the heading suggested.

When the author said that this is not the case of all the Zonal units of DRI why use of words DRI-way Goonda-Raj.

The Govt. introduced Setllement Commission system for speedy disposal of cases. Is Early settlement by legal ways also wrong. How it can be linked to rewards. Any allegation could be strong when they are without intent. Can anybody say that the advocate will have more employment when the party is running from pillar to the post for justice instead of approaching settlement commission.

Story should have focused on 'subject' to have its substance strong. Allegations made weak.

PN Rao 29/11/2010

 

Dear commappeal,

Presume you are a Departmental officer (the user name gives the impression) and I understand where the "legal talk about rights and law" come from... For a moment imagine yourself at the receiving side of the "bashes" and "trashes" and "smashes" in DRI and then let us see whether the language of "who stops whom" continues or otherwise. I think the author has said she does not want to generalise about the issue (forcibly asking to cough up the penalty amount upfront also), but as far as the merciless hammering is concerned, it is no secret that it is just the same every where. For DRI super sleuths, the first tool of investigation is the so called power of the fists and the kicks, rest all would then cease to matter. And what is early settlement by legal ways ? If you are compelled to go the settlement route would you construe the same as right in law ? I dont think the issue has anything to do with Advocate community going bankrupt !! Sorry commappeal, it is not about allegations - if you want to see them as facts, please walk down the losed corridors with open eyes, it is there for all to see, if you can.

Suresh Nair 29/11/2010

 

Since the author seems to know the alleys and bylanes of the DRI offices to an appreciable extent coupled with their ‘chulbul pandeyji’s (aka Robinhood pandey – courtesy dabangg) let us not debate about whether there is any truth in the story or not. As the saying goes there is no smoke without fire.

Legal hassles aside, there is a lesson for every one to learn in this narration (ably assisted by informers, information seekers and exes) which should call for an intervention by the Chairman, Central Board of Excise & Customs. The author should also collate statistics about the number of cases that the DRI has won in the highest court and the Revenue that has been generated voluntarily. That can allay all the fears and misgivings outsiders have about the agency.

Kindly remember the following quote - Courage is fire, and bullying is smoke. – Benjamin Disraeli

ramesh patil 29/11/2010