9911796707
TMI Blog1990 (2) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... customers, 3 public sector oil companies namely, Indian Oil Corporation Ltd., Bharat Petroleum Corporation Ltd. and Hindustan Petroleum Corporation Ltd. exclusively for them. 1(b) Learned Counsel further stated that this is a case in which basically two charges had been framed against the appellants, (i) incomplete and improper maintenance of prescribed record and (ii) Clandestine removal of the goods in question. 2. They admit the first charge in as much as RG-1 register was not maintained upto date. 3. It is, however, their contention that merely because RG-1 register was not maintained upto date it could not be presumed and it could not be concluded that there was clandestine removal also. 4. In the instant case, RG-1 register ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nufactured according to the ISI specification and tested in the presence of the inspector and only those cylinders which passed the test are covered by the certificate(s) of ISI are required to be entered in the RG-1 register and become available for clearances and sale. 8. That apart the manufacturer is authorised to use only those valves which are certified by ISI and these valves are also supplied by or at the instance of the customers and one valve is required for each cylinder and proper accounts are also kept for these valves. 9. The only customers for their goods were three public sector oil companies namely, Indian Oil Corporation Ltd., Bharat Petroleum Corporation Ltd. and Hindustan Petroleum Corporation Ltd. The empty cylinder ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssible. While those cylinders which have been certified by the ISI had got mixed up with the cylinders which had not been certified by the ISI and this could be easily sorted out and verified with reference to their numbers and corresponding ISI certificates and valves certificates. 15. As far as the shortage of 497 small cylinders are concerned, he would like to draw attention to paragraphs 21, 22 and 23 of the Order-in-Original from which it could be seen that figures in paragraphs 21 22 do not tally. This apparent mistake could also be rectified if records including ISI certificates and valves account were taken into account and correct position ascertained. 16. In response to a question from the Bench, he stated that a chart showi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtment to have probed these aspects in order to ascertain the facts. 21. As this has not been done by the authorities and both the sides have submitted that it could be even now done, the orders of the lower authorities are set aside and the matter is remanded to the Asstt. Collector with the directions that he should allow an opportunity to the appellants to submit evidence in support of their contention and show, inter alia, the records maintained in terms of the Explosives Act or the contracts. The Asstt. Collector may also allow them to co-relate the cylinder numbers and particulars with the particulars and specification in ISI certificates and the valve record for this purpose. The Asstt. Collector should grant them a hearing and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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