2000 (3) TMI 240

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..... of penalty of Rs. 2 lakh on each of the appellant Section 112 of the Customs Act, 1962. 2. The appellants are absent and unrepresented despite notice. I have read the memoranda of appeals and heard the departmental representative. 3. The Customs officers seized a car, which contained 9 silver ingots weighing about 290 kgs and other goods, parked in the compound of a housing society. Followi .....

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..... who was occupying Flat 403 left the flat. At this time a consignment of heavy metal which appear to be silver was loaded in a van. This van was found to be owned by Prakash Takelia, who had sent it to a garage for repair. Dr. Jagdish Rathod, a friend of Amin Desai requested for storage of his baggage at Flat No. 403 and Farooq was reluctant to oblige him. Imtiaz Desai was making frantic calls in G .....

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..... to take responsibility. He may not have been getting well with his brother Amin Desai. Virtually every person in the course of his life, remotely unconnected with the smuggling, makes frantic telephone calls during crises; it verges on the absurd to cite this fact as evidence of involvement of smuggling. There is in short no material whatsoever to justify imposition of penalty on these appellants .....

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