Dear Sir
Thank you. I do not like to press any charge on any individual.
The cargo was cleared, despite a lot of time and cost.
The problem is that the system has become rotten to such a degree that we can no more see which part is bad.
Sloth, lethargy, and trading of man made discretions in Customs Dept all over the country is coming to the threshold of tolerance.
It is not about the people. It is about the system that does not trust its own people.
No body leaves an opportunity to extract corruption to move things.
To tell you the truth, I'm paying bribes every day along with millions of Indians in this nation. And I am ready to be brought to justice for that.
But do I have a real choice? Even after paying bribes, if a shipment went throughout such delays and costs, where is the question of getting your genuine things done without paying?
Let us not delude ourselves from the ground realities.
The issue is - can we do business with customs without paying bribes? The answer is a big 'NO'. Impossible!
I feel sorry as much for the common Indian as for our people working in Customs Depts.
Do they really have any other rational and moral way of conducting themselves within a twisted system, designed primarily by the East India Company to exploit the natives?
Common man is corrupt because he pays bribes. The customs man is corrupt because he takes bribes to extricate economic rent over his preserved discretion.
And what about the system that compels and labels us as corrupt?
Why not change the system of administration, so that no one dare call us corrupt!
I know I can not do much, even with a weapon like RTI, except making a few scratches here and there.
Even your good office with good intent can do little to liberate us from this systemic failure.
On 07-Jan-2011, at 5:42 PM, Chief Commissioner Customs, Ahmedabad wrote:
Dear Capt. P. S. Rath,
The receipt of your grievance bearing no. CBOEC/E/2010/00553 is acknowledged. All the facts leading to your grievance have been verified. It may be noticed that the goods had been cleared on the same date of the grievance being registered i.e. 26.11.2010. Therefore, no action had been initiated for clearance of the same. The reasons leading to the complications leading to filing of a grievance from your end had been verified. The outcome of the same is narrated below for your information.
For the allegations the below explains the issue.
· The delay occurred on account of the expiry of permission filed by the agent. The IGM was filed on 11.08.2010. Amendment of place of delivery was sought on 27.09.2010 and was allowed on the same day. D.G. Shipping had allowed restoration of cargo to its original destination (Nhava Sheva) on the foreign flag vessel. This permission was valid till 31.08.2010 and then extended upto 10.09.2010. The request for transhipment was made only on 28.09.2010 by M/s. Parekh Marine Agencies P. Ltd. It could be noticed that the date of filing the request itself was on a date very much after the expiry of permission. Hence, the transhipment could not be allowed in view of the time limit indicated in D. G. Shipping's letter.
· The goods were allowed for transhipment on the same day when M/s. Econship Marine P. Ltd., requested for transhipment by an Indian flag vessel.
· For the allegation regarding transhipment not allowed in a vessel not bearing Indian flag, it may seen that the transhipment was not possible to be allowed in view of the D.G. shipping orders dtd. 16.08.2010 and 28.09.2010. M/s. D.G. Shipping had allowed restoration of cargo to its original destination using the scheduled liner services of the foreign flag vessel.
· As regards the accusation of paying bribe of Rs.14,000/- to Shri Narasimha Rao, Asstt. Commissioner through your agent Mr. Madhav Sambad, the allegation has been proved to be false as Mr. Madhav has himself denied such payment and further stated that Shri Rao had not made any such demand.
We also take this opportunity to inform you that no purposeful delay is practised in clearances of the gateway ports which are always overburdened with cargo load.
Yours sincerely,
(Partha Roychowdhury)
Additional Commissioner
Office of the Chief Commissioner
Customs, Gujarat Zone.
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