TMI Blog1999 (3) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication is in regard to penalty of Rs. 10,000/. Arguing on the stay application, ld. Counsel, Shri K.B. Chakraborty submits that the only charge against the appellants is that the excess quantity of the goods had not been entered in the RG 1 register. He explained that the appellant s excise clerk was on leave from the middle of August, 1994 and that was the reason for non-entry of the goods fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods loaded on the truck. The goods had not left the premises and no evidence by way of statement from the driver or other person is on record to show that the goods were proposed to be taken out without payment of duty. Allegation of clandestine removal has no basis. 4. I have perused the records of the case and have considered the rival submissions. The appellants have made out a prima facie ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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