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Issues: Smuggling of Silk Yarn, Confiscation of Goods, Imposition of Personal Penalties, Ownership Dispute, Liability of Various Persons, Redemption Fine for Confiscated Truck.
Smuggling of Silk Yarn: The Customs intercepted a truck containing foreign-origin Silk Yarn without legal import documents. Statements of the driver, cleaner, and other persons were recorded, denying knowledge of the goods being smuggled. The adjudicating authority imposed penalties and confiscated the Yarn as no ownership was claimed. However, the driver and cleaner's lack of awareness of the goods being smuggled was considered insufficient, given their illiteracy and inability to verify legality independently. Confiscation of Goods and Imposition of Personal Penalties: Show cause notices were issued proposing confiscation of the Silk Yarn and personal penalties. The Yarn was confiscated, and a personal penalty of Rs. 50,000 was imposed on each appellant. The penalties were deemed unjustified as the driver and cleaner's statements did not prove knowledge of the goods being smuggled, especially without independent evidence corroborating the accusations. Ownership Dispute and Liability of Various Persons: The owner of the truck denied involvement in loading the Silk Yarn and claimed the truck was meant for transporting sand. The driver and cleaner's statements were used to penalize the owner of the goods, but no concrete evidence supported this claim. The lack of independent corroboration led to the conclusion that penalizing the owner based solely on the statements of the driver and cleaner was unjustified. Redemption Fine for Confiscated Truck: The owner of the truck was given the option to redeem it by paying a fine of Rs. 30,000, which was reduced to Rs. 10,000 considering the circumstances. The judgment concluded that the penalties imposed on the appellants were unwarranted, and all appeals were disposed of accordingly.
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