9911796707
TMI Blog2000 (12) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... was dismissed vide Final Order No. A-1120/99-NB(SM) dated 11-10-99 be restored. The appeal was dismissed for non-prosecution. The present application submits that appellant s Counsel was ill and confined to bed at the time when the case was posted for hearing and that they had sent an application dated 7-10-99 for adjournment of the hearing. 2. The appeal file No. C/610/98-NB is not available wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igation show cause notice was issued to the crew and maintenance staff of the State Transport Corporation bus holding that they were involved in the smuggling. The appellant s contention is that he was only conductor of the bus and his job was that of issuing tickets to passengers and collecting fare. It has been submitted that there is no evidence at all that the appellant was in any way involved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so note that no evidence has been brought on record to prove the knowledge of the driver about the contraband nature of the goods in the bus or being transported in the bus. In the absence of this knowledge, we hold that imposition of penalty was warranted and, therefore, the same is not sustainable. In these circumstances, we set aside that part of the order which imposes penalty on the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s have not been recorded based on any evidence or material linking, the appellant to the transportation of the smuggled goods. It is an inference drawn from the appellant s position as number of clew and not based of any material. In the circumstances, the finding has to be treated as without any evidence. That being the position, the penalty cannot be sustained. The appeal is, accordingly, allowe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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