9911796707
TMI Blog1990 (9) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant. The truck No. PVN 9589 belonging to the appellant was absolutely confiscated under Section 115(2) of the Customs Act, 1962. 2. The brief facts are that on 24-4-1988, acting on information the officers of D.R.I. Lucknow intercepted the loaded truck bearing No. PVN 9589 on its way to Delhi and apprehended the Driver Shri Rajendra Kumar and Jagir Singh alias Dilla, the helper of the truck. In that truck, smuggled goods of foreign origin, i.e. Ball Bearings valuing Rs. 6,63,585/- were recovered. They gave statements which are confessional in nature. They implicated the appellant. On the basis of their statement the appellant was found guilty under Section 112 of the Customs Act, 1962 and the abovesaid penalty was imposed on him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the law? 7. So far as the first point is concerned, the only evidence available against the appellant is the confessional statement of Driver Rajendra Kumar and helper Jagir Singh alias Dilla. They had stated that Benoy Kumar directed them to get these smuggled goods from Nepal and that Benoy Kumar had told them that he had taken the permission from the owner of the truck in question for this purpose. In the first instance, the confession of the co-accused alone is insufficient to fix liability on the appellant. The case of Sukkar Narain reported in 1986(9) ECR 574 is not applicable to the facts of this case. In that case besides the confession of the co-accused there were Account Books maintained by the parties and the crew members ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the truck in question was used for the carriage of goods. Therefore, the appellant should have been given an opportunity to redeem the same by fixing a redemption fine which should not be in excess of the value of the smuggled goods. 9. Taking into consideration the facts and circumstances of this case, we fix the redemption fine in a sum of Rs. 50,000/- (Rupees fifty thousand) only. In the result, the imposition of penalty on the appellant under Section 112 of the Customs Act, 1962 is hereby set aside. The order of absolute confiscation of the vehicle in question is also set aside and the appellant is given an option to redeem the vehicle on payment of a redemption fine of Rs. 50,000/- within a period of three months from the date of r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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