9911796707
TMI Blog1998 (8) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... on for consideration in this appeal is whether the vessel Gunatit is liable to confiscation under sub-section (2) of Section 115 of the Act. The vessel was seized by the Customs Department at Mumbai on information from the Goa Customs that it had been used in smuggling of silver at Goa in January, 1990. In the order impugned in the appeal, the Collector (Appeals) has set aside the confiscation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther reason. That is that the vessel cannot have shown to have been used in the carriage of smuggled goods. The entire evidence that is relied upon in the notice is the statement of Ramji Gopal Tindel. In this statement, he says that with the help of the trawler which was arranged by Ganpat (F.T. Gunati") I managed to bring contraband silver from Dubai and landed the same in Goa." There are abso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on bond on to the applicant, the owner of the vessel confirms this position. Ramji Gopal Tindel, person who was in charge of the vessel that it allegedly was in voyag has not implicated the appellant or his agent for attributing any knowledge or connivance. There is no other evidence to this effect. Therefore, even if, according to law the vessel was liable to confiscation, the total absence of kn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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