old gold smuggling casePanaji, Oct 13 (PTI) In a major relief for former Goachief minister Churchill Alemao, the Bombay High Court hasquashed the Customs and Central Excise department ordersimposing fines on the leader and his associates on charge ofsmuggling gold in 1991.
Alemao, who is an NCP MLA from Benaulim, and hisassociates had earlier filed an appeal before the Customs,Excise & Service Tax Appellate Tribunal (CESTAT) on January20, 1995 but it was dismissed on December 13, 2004.
An appeal was filed by them in the high court on February14, 2005.
The Goa bench of the high court, comprising justices GS Patel and N D Sardessai, yesterday quashed the customscollector's orders, dated October 14, 1994 and December 13,2004.
The collector's orders had pronounced Alemao, his brotherand former minister Joaquim Alemao, another sibling lateCiabro Alemao and their associates guilty of smuggling gold.
Roy Miranda, Anton Fernandes, Anthony Rodrigues andSubhash Pandey were among those indicted.
The customs collector had fined Alemao Rs 50 lakhwhile holding him responsible for the smuggling of gold.
Goa's former urban development minister Joaquim Alemaowas fined Rs 30 lakh, Ciabro Alemao Rs 15 lakh, Pandey Rs fivelakh, Miranda and Fernandes Rs one lakh each, while Rodrigueswas fined Rs 50,000.
The incident was reported on May 16, 1991 when acustoms officer had a fight with Churchill Alemao's elderbrother Alvernaz Alemao and claimed to have busted thesmuggling racket at Fatrade in South Goa.
Costao Fernandes, the intelligence officer attached tothe Customs House at Mormugao, claimed to have receivedcredible information that the Alemao brothers and theirassociates were planning to smuggle a huge quantity of goldinto the country.
On the same day, Costao Fernandes chased and stoppedAlvernaz Alemao with the "smuggled gold". In the ensuingscuffle and knife-fight, Alvernaz Alemao was grievouslyhurt and later succumbed to his injuries.
On June 7, 1991, the CBI registered a case against CostaoFernandes for killing Alvernaz Alemao.
On February 20, 1996, the Supreme Court quashed allproceedings against Costao Fernandes.
The customs collector then filed the case againstAlemao brothers and their associates. Besides imposing thefines, the collector ordered confiscation of their two carsand a scooter.
The Alemaos and their associates later filed an appealbefore CESTAT which was dismissed.
On January 3, 2005 the deputy commissioner of customsserved letters on Alemaos and their associates to pay thepenalties.
A detention notice followed on February 1, 2005.
An appeal was filed in the high court on February 14,2005. PTI RPS GKRT.
This is unedited, unformatted feed from the Press Trust of India wire.