9911796707
TMI Blog1998 (11) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Sanjeev Srivastava, JDR, for the Respondent. [Order per : P.C. Jain, Member (T)]. - Relevant facts for the disposal of these two matters are as follows :- 2. The appellants herein are the owners of two buses. While the buses were coming back from Nepal with passengers therein, smuggled goods worth Rs. 15 lakhs (approximate) in each bus were found. 3. It has come on record tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but all these were loaded forcibly by the tour organiser Salim Chhipa. It is therefore Salim Chhipa who is responsible for carrying smuggled goods. Therefore is absolutely no evidence that the owner of the buses or the drivers and conductors were concerned with the carriage of the said goods. Since the buses have been given on hire to Salim Chhipa, the drivers and conductors of the two buses were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of the wording of the Section 115 (1) of the Customs Act, 1962 inasmuch as the buses have been used for carrying the smuggled goods from Nepal to India. 6. We observe at this stage that confiscation of the buses without any option to redeem them on payment of fine in lieu of confiscation is undoubtedly - illegal. The owners of the buses should have been given the option to redeem them on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case, while upholding the confiscation of the buses we give the appellants herein an option to redeem them on payment of fine of Rs. 30,000/- each. Impugned order is modified to the above extent so far as the appellants are concerned. 9. Since the appellants have deposited Rs. 75,000/- each at the time of provisional release of the buses, the balance amount of security after appropria ..... X X X X Extracts X X X X X X X X Extracts X X X X
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