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TMI Blog2009 (3) TMI 368X X X X Extracts X X X X X X X X Extracts X X X X ..... not acceptable. – considering the poor financial status of the Drivers, we intend to show some leniency in the quantum of penalties imposed, so we reduce the penalty imposed from Rs. 2,00,000/- to Rs. 20,000/- - As regards the Cleaner, Shri Ved Prakash, no specific evidence about his knowledge about the nature of the goods and about monetary considerations for his work, hence penalty on them is set aside - Commissioner relying on the evidence given by drivrs and another person concluding that appellant owner of goods - in spite of repeated summons by the investigating authorities, appellant has not come forward and tendered any evidence – There is no reason to discard findings – penalty liable but reduced from Rs. 3,00,000/- to Rs. 1,00,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nown to them. Shri Ved Prakash, Cleaner collaborated the version of the drivers and admitted that he himself participated in loading of the goods into the Trucks. (c) The name of Shri Vishambhar Gupta was later on revealed as owner of the goods by Shri Ram Nath and Shri Sadique, while they were in the judicial custody in the jail. It appears that Vishambhar Gupta had not responded to the repeated summons and no statement was recorded from him. At the time of personal hearing, on behalf of Shri Vishambhar Gupta, the allegations that the goods belonged to him, were denied. (d) The Commissioner ordered absolute confiscation of the goods valued Rs. 25,91,000/-; he also confiscated sugar valued about Rs. 4 Lakhs and allowed the same to be re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rted goods were loaded without any documents for high monetary considerations. The seizure was effected on the basis of specific information. He also submits that the statements of both the drivers clearly implicate the role of Shri Vishambhar Gupta as the owner of the smuggled goods, who was an ex cofeposa detenu. 7. We have carefully considered the submissions from both the sides. We find that Ram Nath and Sadique as drivers of the truck carrying sugar bags have consciously allowed the vehicle for carrying goods of foreign origin without bill and admittedly, they have done this for monetary considerations. The amount of Rs. 2,000/- charged by each of them appears on the higher side clearly indicating that the consignments are not ordina ..... X X X X Extracts X X X X X X X X Extracts X X X X
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