9911796707
TMI Blog1990 (4) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... in, Member (T)]. - Arguing on the subject ROM application learned Advocate Mrs. Archana Wadhwa has stated that there has been mistake apparent on the record inasmuch as a plea regarding reduction of redemption fine in lieu of confiscation of the truck was made but that plea has not been dealt with in Order No. A/463 to 465/89-NRB dated 10-11-1989. On being asked by the Bench whether this groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irer by incorporating this condition in the hire-purchase agreement itself. 2. We have carefully considered aforesaid plea of the learned advocate for the applicants. We observe that the aforesaid ground IV as set out above does not clearly articulate the plea for reduction of redemption fine in lieu of confiscation of the truck particularly when there is no such prayer against item No. 10 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the fact that the Collector has found that the 5th Appellant was not concerned in the offence and also having regard to the quantum of penalty imposed on the other appellants against whom charges had been held to have been proved , there was a case of reduction of redemption of fine. Accordingly they reduced the redemption fine to Rs. 5,000/-from Rs. 25,000/-. Learned Advocate for the applicants h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hicle but also on the nature and quantum of goods found on the vehicle used as a means of transport in smuggling of goods. In the instant case the goods found were silver to the tune of 566.500 Kgs. Accordingly, we do not find any reason to disturb the fine of Rs. 50,000/- imposed by the adjudicating authority in lieu of confiscation of the truck. 5. This order would be made a part of the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
