9911796707
TMI Blog1999 (3) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... mdar is directed against the confiscation of his car and imposition of penalty of Rs. 5,000/- on him under Order No. 10/98 dated 27-3-1998. The car has been confiscated as it was used for concealing and carrying the other three accused with the contraband . The contraband in question are 15 gold bars concealed in the person of Mr. Amal Paul and Sambhunath Kundu who were also travelling in the car ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant was in the know of things, that he knew about the plan to bring smuggled gold to Gauhati and to distribute the same at Gauhati. Shri S.P. Majumdar submitted that as the use of the car had taken place without his knowledge in the transport of smuggled goods and persons engaged in smuggled goods, the car is not liable to confiscation under Section 115(2) of the Customs Act. The Section conta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al car to facilitate the speedy and smooth transportation of the persons carrying the contraband gold out of the airport. Shri Roy also submitted that in a clandestine activities like smuggling, direct evidence regarding the involvement of the persons would be hard to establish. Therefore, circumstantial evidence should be treated as sufficient. He in this context referred to the decision of the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, submitted that the evidence does not in any way, connect Shri Nirmalendu Majumdar to the offence and therefore the confiscation of the car and the penalty were entirely unjustified. 5. I have perused the records of the case and have considered the rival submissions. I find that none of the statements, in any way, implicates Nirma-lendu Majumdar in the offence. None has also stated that Ni ..... X X X X Extracts X X X X X X X X Extracts X X X X
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