9911796707
TMI Blog1996 (9) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... waited for the Swaraz Mazda Truck No. WGY-6505. But the said vehicle did not turn up till 21.00 hrs. Hence, left the spot and on way back checked the Naxalbari Petrol Pump and found the said truck parked there. 2.2 As per the information the truck No. WGY-6505 loaded with contraband dried ginger of foreign origin would move between 13.00 hrs, either on 26-6-1995. Hence, the officers again left Hdqrs. at 10.00 hrs. on 27-6-1995 and ambushed at NH-31 near Gossipur area. On 27-6-1995 at about 16.30 hrs. the officers of PNT Cus. P.U. saw the truck No. WGY-6505 moving towards Siliguri. The officers chased the truck and intercepted the same at about 17.05 hrs. of 27-6-1995 near Chandmoni T.E. (Matigara) on NH-31. The officer asked the driver a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bari. The goods in question were kept below a jack-fruit tree at Naxalbari and covered with tarpoline. Moreover in his statement Sri Halder stated that he had just taken up the job of driving the truck No. WGY-6505 on 26-6-1995 on daily wages basis. Sri Halder further stated that he does not know the name and address of the truck owner, as one Sri Kajal Ghosh, the actual driver of the truck No. WGY-6505 have asked him to drive the said truck for 2/3 days on daily wages of Rs. 25/- per day. Sri Halder on interrogation, revealed that the said owner of the goods (dried ginger) did not give him any challen on his demand and instead told him (Gopal Ch. Halder) that no challans are required for carrying such kinds of goods. Sri Gopal Ch. Halder s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms Act, 1962. 3. On adjudication, it was held by the Adjudicating Authority having regard to the aforesaid facts and circumstances of the case, that the dried ginger recovered from the truck was of foreign origin and of smuggled character and therefore, the dried ginger was confiscated. The vehicle was also confiscated with an option to the owner of the truck to redeem the same on payment of a fine of Rs. 35,000.00 and a personal penalty of Rs. 20,000.00 was also imposed against the appellant herein being the owner of the truck in question. Apart from imposition of penalty on the appellant herein another penalty of Rs. 20,000.00 was also imposed on the co-accused Shri Kajal Ghosh and that of Rs. 5,000.00 imposed on Sri Gopal Halder who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tself is not sufficient to hold that M.S. Scraps are smuggled. In this view of the matter the Appellant is entitled for benefit of doubt. 6. It is, therefore, prayed that since the contraband nature of the goods itself becomes doubtful, the confiscation of the truck will be totally unwaranted and therefore, the Redemption Fine imposed on the appellant herein be set aside. 6.1 Shri K.K. Biswas, learned S.D.R. reiterates the findings of the lower authorities. 6.2 The lower appellate authority has observed as follows in upholding the smuggled character of the dried ginger : - In my opinion, the intelligence report and attendant circumstances have established without doubt that the impugned goods are of foreign origin and smuggled in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement had told that 56 bags of Ginger were loaded in the truck. There was no admission anywhere in the driver s statement that the dried Ginger was of foreign origin. 9. Having regard to the aforesaid facts and circumstances of the case, it cannot be held that the dried Ginger recovered from the truck is definitely of foreign origin. Not even a prima facie case can be made out about the smuggled character of the dried Ginger when it is admitted by the Department that Ginger is profusely grown in the district of Darjeeling. No literature or other evidence has been brought on record that Ginger produced in Darjeeling is not dried in Darjeeling. It is merely an ipse dixit of the Adjudicating Authority that there is no trading in dried Ginger ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
