Circular No.35/2000-Cus

F.NO. 494/13/2000-Cus
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

New Delhi, the 10th May, 2000

Subject: SLP – relevant section of CBEC

      It is directed to invite attention to your letter F.NO. VIII/7/SLP/SC.CUS/98, dated 29th March, 2000 ( copy enclosed ), regarding filing os SLP in Surpreme Court in a criminal matter. This case does not relate to either Director ( Legal ) or to Deputy Secretary ( Customs ), but to DS ( AS ). In the process, there has been a delay in exmination of the papers.

2.    All offence cases booked under the Customs Act, including interpretation of provisions relating to search, seizure, arrest and prosecution are handled by Anti Smuggling Unti and may be sent directly to DS ( AS ) to avoid delay.

3.     Similarly, all Customs case arising out of CEGAT decisions are hanled be Dir ( Jud ) / Us ( Jud ).

4.    All other Customs cases are handled by DS ( CUS ) / US / ( CUS – VI ).

Office of the Commissioner of Customs : Gujrarat: Ahmedabad ” Custom House” Near All India Radio,
Ashram Road Ahmedabad – 380009

F.NO. VIII/17-43/SLP/SC/CUS/98                                                                                     Ahmedabad, Dtd. 29th March, 2000

To Shri Amitabh Hajela
Director ( legal )
Government of India
Ministry of Finance
Department of Revenue
Central Shri Amithab Hajela
Board of Excise and Customs
Legal Cell
New Delhi Subject: Filing of appeal in the Supreme Coourt of India order passed by Gujarat High Court dated 09/12/1999 in the case Linder

Frank Wolfgang of Germany in CMA No. 643/1999.

   Please refer to your letter F.No. 276/1/2000-CX.8Z, dtd 23rd March, 2000 on the above subject.

        As directed, the original certified copy of the judgement and the legible copy of the additional C.G.S.C. opinion alongwiht the brief facts of the case are enclosed herewith.

   It is felt that the decision rendered by the Hon’ble High Court in the present appeal has far reaching repercussions as it has virtually curtailed the power of Union of India in case of appeal of enhancement of the sentence under section 377 ( 2 ) of the Code of C Criminal Procedure. It is there fore, requested that necessary action may be immediately taken for filing SLP against this order of Hon’bale High Court in the aforesaid appeal.

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