9911796707
TMI Blog1987 (9) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... runs into 7 pages. Out of this, 6 pages consist of the submissions and the factum of issue of show cause notice. The actual finding is in one para which runs into 10 lines. The finding reads : The goods under seizure i.e. Radio Cassette Recorder etc. are of the type that are prohibited for import. At least their importation in trade quantity, as is the case is completely out of question. No wonder the parties concerned are absconding and no one has come forward to claim it. The provisions under Chapter IV-A have also been violated. The Taxi MRP-498 has been used for carrying the smuggled goods knowingly (emphasize supplied). Looking at the nature of goods there should have been no doubt in the mind of the taxi driver that the goods were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... coming to know that the packages which had been loaded in his taxi contained contraband goods. He told the officer that he did not know as to the contents of the packages because it was not the procedure for the taxi driver to ask the contents of the packages. He had no reason whatsoever to suspect that the packages contained contraband goods. He was carrying the passengers as well as goods in the normal course of the business. Shri Bathija submitted that in a matter of like this, the question of taking precaution would not arise. He, therefore, prayed that the order of confiscation of the taxi may be set aside. 7. Shri Pattekar appearing for the Collector, however, submitted that admittedly the packages containing contraband goods were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the nature of goods there should have been no doubt in the mind of the taxi driver that the goods were smuggled. Apparently, the Additional Collector had taken into consideration the existence of the Radio Cassette Recorders in the packages. But he had lost sight of the fact that at the time of carriage what was carried was only 2 closed packages and the existence of cassette recorders came to light only when the Customs officers inspected the packages after opening them. The order of the Additional Collector is wholly unsatisfactory and based on no evidence and deserves to be set aside. If a taxi driver in his normal course of business had taken the passengers as well as their luggage not knowing the contents of luggage the taxi drive ..... X X X X Extracts X X X X X X X X Extracts X X X X
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