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TMI Blog2001 (5) TMI 370X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : Gowri Shankar, Member (T)]. - Appeal C/653/96 is by Carl F. Peters, the owner of the ship, is against the order of the Commissioner for confiscation of M.V. Wilma, appeal C/654/96 is by Capt. Jens Werner, the captain of the ship against penalty of Rs. 1 crore imposed under Section 112 of the Act. 2. The facts leading to the order by the Commissioner are briefly these. The ship W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the captain or the owner. He says Investigation conducted by the DRI as well as the statements of all the persons accused in this case have not brought forth any direct or indirect evidence to show that the ship owner or their agents are in any way concerned with the smuggling of gold in the concern. He agrees that David Macaso has not implicated the master or the owner. Elsewhere however, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in port, a number of persons come on board in connection with various purposes for which the ship is deployed. They would include persons concerned with provisioning the ship, representative of the owner, representative of various Government agencies, some persons required to carry out repairs to the ship or equipment on it, employees of companies connected with loading and unloading cargo etc. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowing the discovery of gold from Kaizer Hussein is a telling example. 5. The counsel for the appellant relies upon the decision of Mogul Line Ltd. v. CC - 1982 (10) E.L.T. 397. Applying the ratio of the judgment and having regard to the facts before us, we do not find adequate basis to justify the confiscation of the goods. We find even lesser basis for imposition of penalty on the captain, to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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