Name of the Complainant: Shri Rohit Kumar Yadav, PI, CBI, ACB, Mumbai, CBI Building, BKC, Bandra East, Mumbai
Police Station: ACB, Mumbai, CBI Building, BKC, Bandra East, Mumbai
FIR No: RC0262023A0026 dated June 4, 2023
Name of the Accused: Dinesh Fuldiya, Deputy Commissioner, UB Centre, JNCH, Mumbai Customs, Mumbai Sudhir Padekar, Ashish Kamdar
Section: Section 7 Prevention of Corruption Act, 120B, 420, Indian Penal code
Gist of the Complaint:
A written complaint dated 02.06.2023 has been received from Sh. Rohit Kumar Yadav, PI, CBI, ACB, Mumbai, who is investigating officer in RC 0262023A0016/CBI/ACB/Mumbai. His complaint is enclosed herewith and reproduced below:-
Date: 02.06.2023
To,
The Superintendent of Police.
CBI, ACB, Mumbai
Subject: Complaint for registration of case against corrupt Customs official & others- reg.
Sir,
During investigation of case RC0262023A0016, several facts regarding cartel comprising of some Customs officers and some Customs clearing agents involved in clearing of goods without payment of proper customs duty by resorting to unfair practice of using passport of people, who have lived abroad for more than 02 years, were revealed.
Scrutiny of the seized documents/articles reveals that during the year December, 2020 to August, 2021, Shri Dinesh Fuldiya, while being posted and funclioning as Deputy Commissioner, Customs at UB Centre, Nhava Sheva, Distt. Raigad and presently posted at DGARM, Mumbai entered inlo a criminal conspiracy with Shri Sudhir Padekar, a Pvt. Person & R/o 105, Shanti Glory, Sector 4A, Asudgaon, Khanda Colony. New Panvel, Raigad-410206, Shri Ashish Kamdar, Rio 702, Omkar Apartment, Avadhut Nagar, Dahisar (East), Mumbai-400068 and many other CHAs, unknown public servants of Customs and unknown private persons with intent to cheat the Govt. of India and thereby to cause wrongful loss to the Govt. Exchequer and comesponding wrongful gain to themselves. In furtherance of the said criminal conspiracy, dutiable goods were imported under the “Transfer of Residence” provision by {he suspect private persons and the same were given “Out of Charge” by the public servant Shri Dinesh Fuldiya knowingly and dishonestly causing wrongful loss fo the Govi. Exchequer and corresponding wrongful gain to themselves and in lieu of that Shri Dinesh Fuldiya obtained undue advantage from such CHAs.
It has been revealed during the investigation that the said clearing agents procure Passports from various persons, who have lived abroad for more than 02 years and knowingly and dishonestly use the said Passports for clearing consignments of hausehold items of other ineligible persons. The purpose behind using the Passports of other persons is that as per Customs provisions, if a person has lived abroad for more than 02 years, he/she can import the used household goods from abroad by claiming exemption up to Rs.5 lakhs under ‘Transfer of Residence” Provision. Modus adopted by the said syndicate is to use the Passport credentials of those persons, who have lived abroad for more than 2 years to import goods, which belong to different ineligible parties settled abroad especially in gulf countries to evade Customs Duty. The Passport holder knows that the clearing agent is going to use the said Passport for clearing the consignments of household items, for which the Passport holder is paid Rs. 15,000/ per consignment in lieu of use of his Passport. The said clearing agents have their accomplices in gulf countries, who take orders from various persons settled in these countries. The said persons settled in gulf countries, who want to send some goods/items to India, approach the said accomplices of Agents. Accordingly, the said accomplices of Agents in quif countries pass on this information to the said clearing agents in India and these clearing agents in India obtain Passport of persons, who have stayed i the said country from where the goods are to be dispatched. Using the said Passport obtained by the clearing agents, they file Baggage Dedlaration Form (BDF) by claiming exemption of “Transfer of Residence” clause, which exempts duty payment on value of goods below 5.00 lakh.
It was revealed that the goods so imported are undervalued to a large extent. It is further leamt that the clearing agents in India in connivance with their accomplices in gulf countries and Customs officials in India import electronic items along with other unknown goods in guise of household items. The said clearing agents, by adopting this practice, cause loss to Government exchequer by evading duty on dutiable electronic goods and other unknown goods. The said act of importing dutiable goods as household items and bringing other unknown goods is not possible without connivance of Gustoms Officers, who give Out of Charge to such consignments as physical examination of such consignments is mandatory.
It was revealed that Shri Dinesh Fuldiya, while posted as Deputy Commissioner, UB Centre, had handled clearance of such consignments imported under Transfer of Residence Provision by various CHAs despite having knowledge that consignments of ineligible persons are imported on the passport of other eligible persons. These CHAs had in turn paid bribe to Shri Sudhir Padekar, a private person, who used to collect and keep bribe money on behalf of Shri Dinesh Fuldiya, in his bank account or in cash. It was also revealed that Shri Sudhir Padekar and Shri Ashish Kamdar made various expenses/purchases.
for Shri Dinesh Fuldiya from the collected bribe.
During investigation of the above mentioned case, Shri Sudhir Padekar was examined about several transactions from his bank account and it was revealed that during the years 2020-2021, he had received various credils in his bank account from various CHAs, who used to get cleared goods at UB Centre, Nhava Sheva The money so transferred to his account by the CHAs were bribe paid by them to Shri Dinesh Fuldiya to get their consignments cleared without raising any objection and the same were credited in his account for Shri Dinesh Fuldiya.
Itis also revealed that out of the undue advantages obtained by Shri Dinesh Fuldiya and kept with Shri Sudhir Padekar, Shri Dinesh Fuldiya made various expensesfpurchases in his name and payment of those purchases/expenses were made from the account of Shri Sudhir Padekar or through his brother Shri Swapnil Padekar’s account/credit cards on several occasions. It was revealed that Shri Dinesh Fuldiya made purchase of IFB Washing Machine from Vijay Sales for Rs.61,500/- on 26.06.2021, purchase of Orient Ceiling Fan from Vijay Sales for Rs.8,850/- on 16.07.2021, purchase of Whirlpool Microwave from Vijay Sales for Rs.10,000/- on 15.01.2022, purchase of Apple Headphones from Reliance Digital for Rs.59,900/- on 12.01.2022, purchase of Nike shoes for Rs.22,795/- on 02.10.2021 and money was paid from the account of Shri Sudhir Padekar/his brother. Further, delivery of milk/dairy products were made by Mfs. Provilc Dairy to the house of Shri Dinesh Fuldiya but the amount of Rs.21,000/-, Rs.25,000/- and Rs.15,000/- were paid to M/s. Provilc Dairy by Shri Sudhir Padekar from his account on 08.03.2021, 01.06.2021 and 31.08.2021 respectively. The Tax Invoices with regard to the above purchases are in the name of Shri Dinesh Fuldiya. Further, it was also unravelled that on 05.08.2021, Shri Dinesh Fuldiya purchased a massage chair of Rs.3,40,000/- from M/s. Powermax Fitness India Pvi. Ltd. and the same was delivered to him but payment against this purchase was made by Shri Ashish Kamdar from the amount of undue advantage obtained by Shri Dinesh Fuldiya. Other than the above expenses/purchases, out of the undue advantage obtained by Shri Dinesh Fuldiya, Shri Sudhir Padekar has also made several flight and hotel bookings from Mrs. Vikas Travels and M/s. Bonzer World for Shri Dinesh Fuldiya and his family members on his instructions.
In view of the above, it is prima facie revealed that the above acts of omission and commission on the part of said Shri Dinesh Fuldiya in connivance with Shri Sudhir Padekar, Shri Ashish Kamdar and unknown others constitute offences U/s. 120-B of IPC riw section 420 of IPC and Sec. 7, 7A, 8 & 12 of Prevention of Corruption Act, 1988 (as amended in 2018) and substantive offences thereof.
Accordingly, it is recommended that a Regular Case may be registered against said Shri Dinesh Fuldiya, Shri Sudhir Padekar, Shri Ashish Kamdar and unknown others U/s. 120-B of IPC r/w section 420 of IPC and Sec. 7, 7A, 8 & 12 of Prevention of Corruption Act, 1988 (as amended in 2018) and substantive offences thereof.
Yours Sincerely,
Sd/
(Rohit Kumar Yadav)
PI, CBI, ACB, Mumbai”
The facts mentioned in the compliant dated 02.06.2023 disclosed commission of offences Uf/s. 120-B of IPC r/w section 420 of IPC and Sec. 7, 7A, 8 & 12 of Prevention of Corruption Act, 1988 (as amended in 2018) and substantive offences thereof by Shri Dinesh Fuldiya, the then Deputy Commissioner, Customs, Mumbai, Shri Sudhir Padekar, Shri Ashish Kamdar, both Pvt. Persons and unknown others Hence a regular case is registered and entrusted to Shri Nikhil Malhotra, Dy.SP, CBI, ACB, Mumbai for investigation and report.
Sd/-
Pramod Kumar