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Old 16-11-06, 11:39 AM
ankit ankit is offline
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Aishwarya Rai’s lawyer, Girish Kulkarni, said on Wednesday that the star had nothing to do with the package containing foreign currency that was reportedly addressed to her.


“She neither knows the mailer nor was aware that such a courier had been delivered to the foreign post office,” Kulkarni said. “She heard the news through the media.”


He also refuted claims that the actor had said or implied that she was being framed.


Kulkarni wondered about the customs department’s delay in taking action. “if they have a case that is a month old, why did they not act earlier instead of doing so only after the media reported it?” he said. “Moreover, why did they call her secretary Hari Singh to convey a message? By procedural law, they can send summons to her but they cannot leave a message with her secretary.” Kulkarni denied that Rai had received a notice from customs.


But Customs Commissioner (import) AK Prasad defended the steps taken by his department.


“We act according to our rules,” he said. “Summons can be issued when required. Aishwarya has not been proved guilty.”


He said the timeframe in which action has been initiated was in keeping with the department’s protocols. “We do not rush things. We first wrote to Rai at the address given on the package, but it was returned undelivered,” Prasad said. “The second letter was also undelivered because the premises were unoccupied.”


Meanwhile, Rai’s father Krishna Rai is said to have met Prasad at his Ballard Estate office yesterday.


As it becomes increasingly clear that Rai may not claim the package, the customs department has begun anticipating a windfall in seizures. Apparently despatched from the Netherlands to be delivered to Rai’s Bandra home, the package contained a stash of euros amounting to Rs14 lakh, designer apparel, and electronic goods. “The show-cause notice issued to Rai gives her another 20 days to explain whether the parcel was despatched at her own instance,” a senior customs officer said. “if Rai denies knowledge about the sender of the parcel and states that it is not hers, then it would only be a procedural matter for customs to lay claim to the seized goods.” The official said the foreign currency would be encashed and credited to the customs head in the government exchequer.


if investigations reveal that the parcel was sent at Rai’s bidding, the department would initiate action against the actor under the Customs Act. “it is permissible for individuals to import foreign currency by physically carrying it into india,” the officer said. “But the manner in which it was posted to Rai violates the law.”


The official said that if Rai were to lay claim to the parcel, she would have to explain the violation of the FPO rules and also clarify why the parcel misdeclared the presence of foreign currency.


Rai would also have to explain why she did not secure the clearance required from the Reserve Bank of india and other governmental agencies to bring in foreign currency. “it would not be a simple case of paying a penalty. The currency may still have to be confiscated as the notice attached at the time of despatch made no mention of the currency,” the official said. “This amounts to smuggling, as currency is considered ‘goods’ under the customs Act, 1962. Even if Rai lays claim to the currency, she may end up losing it.”


At this stage Rai may not have to appear before the customs authorities in person and may depute a lawyer or an assistant. Only if the department summons her will she be required to make a personal appearance.





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