9911796707
TMI Blog2002 (1) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... Shaikh, JDR, for the Respondent. [Order per : J.H. Joglekar, Member (T)]. The facts leading to this appeal, in brief, are as follows : 2. The vessel Blue Bird was intercepted on 17-3-1991. The search of the vessel resulted in the recovery of silver ingots totally valued at Rs. 4,03,29,611/-. The statement of the Tindel of the vessel S. Chandra was recorded. He deposed that the boat w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Souza wife of Menino D Souza. Sarvanaperumal had introduced him to one Annappa. This Annappa had used this vessel for illegal import of 90 silver ingots which was transported on land by Sarvanaperumal and Menino D Souza. According to him even after the present seizure Sarvanaperumal was in contact with him. He deposed that Sarvanaperumal was the principal person behind the present importation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D Souza. He relied upon the sale deed dated 21-2-1990 and the application made by Syed Nawaz to the concerned authorities for change in the registration and ownership of the vessel dated 26-2-1990 along with an affidavit filed by him on the same day. Counsel also placed on record a copy of the letter dated 31-7-1990 from the Directorate of Fisheries to Syed Nawaz to the effect that change in the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the vessel is established on record and has not been contested. Menino D Souza at all times in his statements and his submissions before the Commissioner denied any involvement in the act of smuggling. The Commissioner in his finding has held Menino D Souza responsible and liable to penalty in view of his previous association with Syed Nawaz in yet another case. We do not find that the antecedents ..... X X X X Extracts X X X X X X X X Extracts X X X X
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