9911796707
TMI Blog1997 (9) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... per : K.S. Venkataramani, Member (T)]. The appellant is the owner of the truck from which officers of Customs on 26-6-1987 recovered contraband goods like VCRs, VCR cassettes, wrist watches etc. totally valued Rs. 47,41,197/-. The truck was chased and intercepted. The driver of truck Shri Haripuri, the appellant as the owner of the the truck were contacted on 27-6-1987 when he gave a stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 28-4-1988. He ordered absolute confiscation of the goods recovered from the truck under Section 111(d) of the Customs Act, 1962 and similarly ordered absolute confiscation of the truck under Section 115(2) of the Customs Act. A personal penalty of Rs. 25,000/- was imposed on the appellant. 2. Shri A.R. Thakkar, the ld. Counsel for the appellant pointed out that the evidence on record clearl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justified. In any case, the quantum should be reduced. 3. Shri S.V.Singh, the ld. D.R. referred to the circumstances to the seizure which was effected after the truck was intercepted. 4. We have carefully considered the submisions. The driver as the person in charge of the truck was clearly under the knowledge of the fact that it was loaded with contraband goods. His conduct of not stopping at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However, having regard to the fact and circumstances of the case and considering the fact that the truck has been impounded for the past 7 years, we are inclined to grant option to redeem it on payment of fine in lieu of confiscation. Therefore, the order of absolute confiscation of the truck is modified and the appellant is given option to redeem it on a fine of Rs. 50,000/- (Rupees fifty thousa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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