9911796707
TMI Blog1986 (7) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... about 2.00 P.M. and found that a quantity of 516.502 Kgs. of Hashsish concealed and packed in slabs of layers of skin of fish. The consignment in question was sought to be exported by M/s. Nigil Exports (India) Cochin, to New York per M.V. DAULA GIRI. As export of Hashish is prohibited under the provisions of the Dangerous Drugs Act, 1930, the goods were seized by the authorities as per law, under mahazar, attested by witnesses. The premises of M/s Nigil Exports (India) were also searched by the Customs Officers on 30-4-1984 and on 1-5-1984 and about ten tea chests, some of them containing Jaipur markings were seized by the authorities under mahazar. Investigations revealed that the appellant herein masquerading under a pseudo name Kuma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is no evidence on record to show that the tea chests in question actually contained hashish. Finally, the learned counsel pleaded that in any event, the quantum of penalty is harsh and excessive and would call for reduction. 4. The learned Senior Departmental Representative, Shri K.K. Bhatia, submitted that though the case of the Department rests on circumstantial evidence, the cumulative effect of the circumstantial evidence available on record would point to only one hypothesis, namely., the guilt of the appellant as an abettor in the clandestine export of contraband goods, namely, Hashsish in the company of others. The learned SDR drew our attention to the statements of Joseph and James, the driver and the cleaner of the van and co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our consideration is whether the appellant has been proved to be one of the associates of the group of persons who were instrumental for embarking upon such a clandestine illegal attempt at export of contraband, namely hashish, to a foreign country. The plea of the appellant, right from the beginning, was that he did not know those people and had nothing to do with the partners of the said Nigil Exports (India), Cochin and has been preceded against on a mistaken identity. This plea of the appellant has been clearly falsified by reason of the appellant having been clearly identified by M/s. Josh and James respectively, the driver and cleaner of the tempo van in which ten tea chests presumably containing hashish were transported and un-loade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said tea chests. The falsity of the appellant s plea could certainly be taken as one of the circumstance against the appellant in the factual background of this case. 6. It would be apposite in this context to refer to the ratio of the Supreme Court in the case of M/s. Kanungo Co. v. Collector of Customs, Calcutta, reported in 1983 E.L.T. 1486 (S.C.) = AIR 1972 (page 2136) wherein it is held :- It cannot be disputed that a false denial could be relied on by the Customs Authorities for the purpose of coming to the conclusion that the goods had been illegally imported. In Issardas Daulat Ram v. Union of India (1962) Supp 1 SCR 358 at page 363 the credibility of the story about the purchase of gold from certain parties was treated as ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
