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TMI Blog1990 (9) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... order No. 15-Cus/82 dated 15-6-82. In terms of that order, a penalty of Rs. 50,000/- was imposed on each of the appellant under Section 112 of the Customs Act. 2. The case of the department, in brief, is that on 30-12-79 at about 12.15 hrs on receipt of an information that about 5 bullock carts with contraband goods of third country origin were coming from Buribhita (Nepal) towards Powakhali, the Powakhali Police intercepted the same. Thereafter, the Customs staff at Thakurganj went to the police outpost. The police handed over four persons along with 15 bora containing contraband goods. An inquiry from the above said four persons revealed that there was a total of 52 gunny bags containing contraband goods, whereas the police handed over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey knew or had reason to believe were liable to confiscation under Section 111(d) of the Customs Act, 1962. 6. In this regard, we feel proper to quote the relevant portion of the order of the adjudicating authority with respect to the appellant, Seikh Usman Khan is concerned, as follows: As regards Sri Om Prakash Agarwal alias Om Babu Marwari, Sri Sheo Bachan Singh, ASI, Powakhali, Police Station, Sri Markanday Jha, Inspector of police station Thakurganj, Sri Sk. Usman, Sri Chiranjeelal Jain, Sri Mehandi Hussain and Dr. K. Chowdhury of State dispensary, Powakhali Purnea, I find that Sri Usman Khan in his confessional statement dated 11-1-80 has confessed that the Powakhali police had in fact apprehended four cartload and the remaining ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ri. He also stated that Babu Agarwal and Om Babu Marwari were the actual owners of the entire quantity of the contraband goods. He also stated that the goods were passed on to Dr. K. Choudhary. The other goods were taken to Thakurganj by Sri Markanday Jha, Inspector of Police. He also stated that Thakurganj police in collusion with Sri Sheo Bachan Singh, ASI, disposed of the goods. He also slated that the Inspector, Markanday Jha and ASI Sri Sheo Bachan Singh secreted some of the goods at their instance in his premises. But nowhere has he stated that he had in any way abetted in the disposal of the goods. It was also contended that the statement of Usman Khan was extracted on threat. He made the statement on 11-1-80. He retracted the same o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... premises which is accessible to all. Therefore, it cannot be said that there is any evidence to say that at his instance the same was secreted in his premises. Besides this statement of Osman Khan, there is no other evidence to connect him with the above smuggling of the goods. 7. As far as the appellant Sri Mehdi Hossain is concerned, the relevant portion of the adjudication order reads as follows: The confessional deposition of Sri Usman Khan gets support from the material fact that contraband goods valued at Rs. 25,344/- were recovered from the premises of Sri Usman Khan. The search list dated 11-1-80 duly witnessed by two punches gives support to the deposition of Sri Usman Khan the say of Sri Usman Khan is also supported by the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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