2002 (4) TMI 669

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..... he Respondent. [Order per : S.S. Kang, Member (J)]. Appellants filed this appeal against the order-in-original whereby a Truck No. GJ-1-TT-5294 was confiscated under Section 115(2) of the Customs Act and was released on payment of redemption fine of Rs. 95,000.00. A penalty of Rs. 10,000.00 was also imposed on the appellants. 2. Brief facts of the case are that on 16-10-99, the truck, .....

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..... sent of Shri Lala Ram, who had knowledge that this brass dross was liable for confiscation. The contention of the appellants is that Shri Lala Ram is an illiterate person, who even does not know the difference between the brass dross and brass scrap. The appellant relied upon the following decisions of the Tribunal : (1) Karuna Gulab Chand Agarwal v. C.C.E. - 1999 (108) E.L.T. 446. (2) .....

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..... he Customs Act, of Shri Lala Ram, driver of the truck and appeal papers. 9. We find that there is no evidence on record to show that M/s. Globe Transport Corpn. or its driver had any knowledge that the contraband goods were being transported in the truck. Sub-section (2) of Section 115 of Customs Act provides that any conveyance is used as a means of transport in smuggling of any goods or any ca .....

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