1999 (11) TMI 254

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..... these appeals may briefly be stated as under : 3. On 2-10-1997 the officers of the Border Police Barhni handed over two trucks bearing Nos. UP-70 L-8428 and UP-70 A-9090 containing birds, namely, 1250 ducks and 545 titars to the Officers of Customs Barhni. These trucks were found standing near eastern gate of Railway Station Barhni. The appellants who had brought these trucks from Ahmedabad, were apprehended while proceeding on foot near No Man s Land along with 800 ducks. They all, on interrogation by the Police, disclosed that they had come from Allahabad on these trucks and on account of restriction imposed by the Customs authorities regarding export of the birds by trucks, they were carrying the birds on foot across Indo-Nepal Bord .....

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..... option to redeem the trucks on payment of fine of Rs. 60,000/- per truck and also imposed penalty of Rs. 5,000/- on the driver, Shri Shakeel Ahmed, of Rs. 500/- on the other driver Shri Tauweb Khan and of Rs. 25,000/- on the owner of both the trucks, namely, Shri Raees Ahmed, and similarly of Rs. 20,000/- each on the owners of the birds. 5. Feeling aggrieved with this order of the Commissioner, the appellants have come up before the Tribunal. 6. I have heard the learned Counsel and the learned JDR. 7. The validity of the impugned order has been assailed by the Counsel for the appellants mainly on the ground that there was no ban on the export of the birds in question from India to Nepal through trucks by issuance of any notification o .....

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..... ed 21-11-1994 which had been issued by the Central Government in respect of the permissible routes for the import and export of the goods by land or inland water ways. Therefore, the appellants were not committing any illegal act while taking the birds through Barhni route from India to Nepal. The learned Commissioner in his impugned order has not referred to any notification, order or circular of the Government prohibiting the export of the birds in question through Barhni route, in order to justify his impugned order. It appears that he proceeded on assumption that appellants had violated the provisions of Customs Act by resorting to the export of the birds from India to Nepal through Barhni route. The above referred Notification No. 63/9 .....

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