9911796707
TMI Blog2000 (1) TMI 508X X X X Extracts X X X X X X X X Extracts X X X X ..... is appeal against the order-in-original passed by the Commissioner of Custom vide which a penalty of Rs. one lakh was imposed under Section 112(b) of the Customs Act, 1962. 2. Brief facts of the case are that on 26-3-1998, the officers of the Custom Deptt. found a truck bearing No. UP-80/G/9378 standing on the road in front of a petrol pump. On suspicion, search was made and five packets contain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. one lakh on the appellant. The contention of the appellant is that the penalty was imposed on the appellant only on the basis of assumption and statement of his brother Shri Pappu Singh which was recorded under duress to implicate the appellant. 3. The contention of the appellant is that he has no connection with the seized yarn. The only evidence against the appellant is the recovery of his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. In this case, 300 kg. of silk yarn of third country origin was seized from truck at the time of search, there was nobody present with the truck. During the search, the visiting card of the appellant was also recovered from the truck. Thereafter, the appellant was summoned many a times by the Customs authorities, but he did not appear. The business premises of the appellant was searched and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f sale-purchase of smuggled raw silk yarn of third country origin. In his statement before the officers of DRI, Varanasi, on 11-4-1998, Shri Pappu Singh, brother of Shri Panchdeo Singh disclosed that his brother Shri Panchdeo Singh was involved in the selling of raw-silk yarn of third country origin and that the recovered slips and cash-book was showing details of sale and purchase of silk yarn. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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