2001 (4) TMI 686

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..... on behalf of the appellant. Accordingly, I have heard Shri V.K. Chaturvedi, learned S.D.R. for the Revenue. 2. The appellant is aggrieved with the personal penalty of Rs. 3.50 lakhs imposed upon him. He is only owner of a transport company from the premises of which, a packet containing Raw Silk Yarn has been seized. The adjudicating authority based his findings about the smuggled nature of the .....

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..... as such I find that there is no direct evidence on record to show that Shri Radhey Shyam Gupta is the actual owner of the goods in question. His failure to give a correct address of the person who had booked the consignment cannot lead to the inevitable conclusion that Raw Silk in question belonged to Shri Gupta and also that the same was of smuggled character. As such, by extending the benefit of .....

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