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TMI Blog2001 (2) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... ting in the truck was one Shri Kishan Singh who confirmed that the truck was coming from Khatima. Search of the truck resulted in recovery of 117 gunny bags out of which 82 bags were found to be stuffed with cattle fodder and the remaining 35 bags were found to contain 5100 Video Cassettes and five Cordless telephones of Japanese origin. The goods were seized for non-production of any evidence by Shri Kishan Singh for their lawful import/acquisition/possession, etc. under the reasonable belief that they had been smuggled into India contrary to law. 2. Shri Kishan Singh deposed that on 14-2-1992, he met one driver Shri Jia Lal in Khatima, Nainital, UP, who asked him as to whether he was interested in going to Delhi, that he agreed to do so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n meet Sh. Mangat Ram; that Sh. Khan was bringing certain goods in truck which Sh. Mangat Ram was storing in his room; that on the evening of 15-2-1992, Sh. Mangat Ram told him that Khan had brought smuggled goods for Sh. S.K. Bhutani and Sh. A.K. Dixit which had been seized by the Customs officers. 4. Shri Suresh Kumar, elder brother of Sh. Mangat Ram also corroborated the statement of Sh Mangat Ram and Sh. Vidya Sagar and stated that Sh. Mangat Ram had also told him that Sh. Khan s truck carrying smuggled Video Cassettes from Nepal, which were to be stored by Sh. Mangat Ram in his room, was intercepted by the Customs Authorities. Shri S.K. Bhutani s premises, both business and residential, were searched on 16-2-1992; statement of Sh. Bh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Bhupinder Kumar Chhabra. Hence these appeals. 6. We have heard Shri S.K. Dubey, learned Counsel for the appellants and Shri M.M. Dubey, learned DR for the respondents. We note that the case is based on the recovery of a large quantity of goods of foreign origin as well as the statements of all the concerned persons. j The statements clearly bring out that the goods in question were being smuggled into India from Nepal. Import of goods into India from a foreign territory except in accordance with a valid import licence, is prohibited under clause 3(i) of the Export Import Control Order, 1955 issued under Section 3 of the Import and Export Act, 1947 which prohibition by virtue of Section 3(2) of the Act is deemed to have been imposed un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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