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2000 (8) TMI 346

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..... The appeal is against the order of the Commissioner confiscating the ship M.V. Vasility Vereshchecin under Section 115(2) of the Act and permitted its redemption on payment of fine of Rs. 3 lakhs and imposing penalty of Rs. 1 lakh on the appellant who was the agent of the master of the vessel. 2. The Collector has found that the ship carried 13 motor cars for import of which valid licence wer .....

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..... f these cars were not present on the ship because they left Bulgus after they arranged to meet the ship at Vladivostok. Therefore, the master of the vessel has behaved bona fide through out in respect of these cars, the presence of which at Alang was on account of factor beyond his control. There is therefore no case for confiscation or penalty. 4. The departmental representative contends that c .....

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