1987 (12) TMI 152

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..... ., for the Respondents. [Order per : K. Gopal Hegde, Member (J)]. - This appeal was not listed for hearing today. The stay application however listed. We heard the appeal on merits. 2. During the hearing, Shri Vanoo submitted that the whole order of the Collector is illegal. He has neither given show cause notice nor heard the appellant and thus there had been a denial of the principles .....

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..... on 112(a) (b) of the C.A. 4. On the face of it, the order is wholly illegal. The Addl. Collector was satisfied that the appellant was not the passenger. Still he imposed a penalty on the appellant. Before him the passenger was still a stranger. He had stated that in the absence of true address of the passenger it would not be worthwhile to post the case for personal hearing . Instead of makin .....

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..... easons stated above we set aside the order insofar as it relates to the imposition of penalty on the appellant and remand the matte to the Addl. Collector. The Addl. Collector shall ascertain as to who was the passenger, who was found in possession of the contraband gold and thereafter follow the procedure required to be followed under Section 124 and then pass orders in accordance with law. 6. .....

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