TMI Blog2001 (9) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... peal against the impugned order passed by the Commissioner of Customs. In the impugned order, the Commissioner of Customs held that a truck belonged to the appellant, was intercepted under Sec. 115(2) of the Customs Act, 1962 and ordered to be redeemed on payment of redemption fine of Rs. one lakh. 2. Ld. Counsel, appearing on behalf of the appellant, submits that initially no notice was issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s stolen by the driver and he lodged a report with the Police on 8-12-98 and when the Police had not taken any action, he approached the Additional Civil Judge, Bullandsehar and filed an application under Sec. 156 of Cr. P.C. On direction of the Court, the First Information Report was recorded by the Police. He submits that in these circumstances, the appellant has no knowledge regarding use of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owner himself, his agent, if any and the person in charge of the conveyance. In this case, the plea of the appellant is that the truck was stolen by his driver. The appellant approached the Police on 8-12-98 to say that Shri Suresh Kumar, son of Hari Kumar, driver of the truck, has stolen the truck. The silk yarn of 3rd country origin was recovered from the truck on 26-11-98. Therefore, the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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