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TMI Blog2001 (12) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal against imposition of penalty of Rs. 50,000/-. 2. The brief facts of the facts are that the customs officers intercepted a truck on 15-1-93. On search of the truck, the goods of foreign origin, namely, synthetic yarn, a floppy disk and great wall numbering machines valued at Rs. 14,60,000/- were found and seized. In the statement of the driver, it was found that the driver had stated tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven. He submits that the driver s statement cannot be relied upon inasmuch as the driver was not to deliver these goods at Delhi whereas the appellant was based in Delhi. Ld. Counsel submits that the appellants had denied the allegation against him; that the appellant has not claimed the goods. Ld. Counsel also submits that the goods had not reached the appellant and, therefore, the appellant cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeal may be allowed. 4. Shri V.K. Verma, ld. JDR appearing for the respondent Commissioner submits that the fact remains that the goods were of foreign origin; that the name of the appellant and his telephone numbers were written in the diary where the goods were to be carried; that the transport of the goods upto Kanpur by the driver who had access to the diary does not vitiate the evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red from the truck. I note that the contention of the ld. Counsel for the appellant was that since the goods had not reached the appellant, the penalty should not be imposed on him. I note that this contention of the appellant in the present case is not applicable inasmuch as it is not only the statement of the driver but its diary indicating not only the name of the appellant but his further iden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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