9911796707
TMI Blog2000 (7) TMI 338X X X X Extracts X X X X X X X X Extracts X X X X ..... tion at Kanpur and Delhi. On 18-12-1992, a Maruti van was intercepted. Two persons namely Shri Ram Bilas Mandal, driver and Shri Ram Kishore Mishra were found travelling in the van. On enquiry Shri Ram Kishore Mishra admitted that 25 silver bricks made out of foreign marked smuggled silver bricks were concealed in a specially designed cavity built in the van and that these 25 silver slabs were the part consignment made out of the foreign marked silver ingots (sillies) stored at a place Unnao; 25 silver bricks were recovered from the specially built cavity in the van; 25 pcs. of sliver alongwith the Maruti van was seized; 79 pcs. of silver bricks weighing 2640.227 kgs. valued at Rs. 1,75,60,l09/- were recovered from Doodh Ki Dairy, Unnao; 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessary. He submits that in the instant case, nothing had been proved that the applicant knew that the goods were liable to confiscation. Ld. Counsel also submits that in the SCN, it has been stated that penalty was liable under Section 112. He submits that Section 112 had two sub-sections, they are 112(a) and 112(b). He submits that penalty has been imposed under Section 112(b). He submits that thus, there was no penalty imposable without mentioning the correct section in the SCN. 4. Ld. Counsel submits that there was total violation of the principles of natural Justice in-as-much as though specific request was made for cross examination of all official witnesses connected with seizures, punch witnesses and all co-noticees. However, ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Counsel appearing for the remaining five persons submits that the total value of the goods seized from the premises attributed to Shri Ram Avtar Singhal is Rs. 14,77,000/-. He submits that penalty is out of all proportion. Ld. Counsel submits that the amount of penalty is the same for Shri Ram Avtar Singhal and Shri Ashish Kumar Chaurasia though the value of silver attributed to Shri Ashish Kumar Chaurasia is Rs. 1.75 crores and the value of silver attributed to Shri Ram Avtar Singhal is Rs. 14.77 lakhs. Ld. Counsel in addition adopts all the arguments adduced by Shri Trilok Kumar; Ld. Counsel. He prays that pre-deposit of penalty may be waived as there was total failure in observance of the principles of natural justice. 6. Shri Mewa S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the applicants may be directed to deposit the entire amount of penalty. 7. We have heard the rival submissions. On careful consideration of the submissions made and on examination of the records prima facie it appears that the applicants were given opportunities for presenting their case and producing evidence in defence which does not appear to have been availed adequately for one reason or the other. We note that even the question of violation of the principles of natural justice is arguable. All other points made in the submissions are arguable. Looking to the facts and circumstances of the case as also the fact that the affidavits submitted by the applicants to indicate their financial position do not give convincing explanation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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