9911796707
TMI Blog2002 (8) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... have been given an option to redeem the same on payment of redemption fine of Rs. 75,000/- (rupees seventy-five thousand). In addition the seized truck has also been confiscated with option to the owner to redeem the same on payment of redemption fine of Rs. 50,000/- (rupees fifty thousand). Personal penalties of Rs. 20,000/- (rupees twenty thousand) has been imposed upon Shri Ajay Kumar, Proprietor of M/s. Jagdamba Trader, Raxaul, of Rs. 5,000/- (rupees five thousand) on Shri Naresh Kumar, Proprietor of M/s. Bhagwati Trading of Delhi and of Rs. 5,000/- (rupees five thousand) on Shri Nagendra Choubey, Manager of M/s. Jagdamba Trader, Raxaul. 2. As per the facts on record, customs officers, Motihari intercepted one truck standing at the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are as to why the driver has said so in his statements. The statements of the Manager of the transport company as also the Proprietor of M/s. Bhagwati Trader, New Delhi were recorded on various dates. 3. Based upon the above facts, show cause notices were issued to various persons proposing confiscation of the seized goods and imposition of personal penalties upon them. The said show cause notice culminated into the impugned order passed by the Commissioner of Customs, Patna. Hence the present appeal. 4. I have heard Shri Radha Raman, ld. Adv., for the appellants and Shri A.K.Pandit, ld. JDR for the Revenue. 5. After considering the submissions made from both the sides and after going through the impugned order I find that the Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of statement of a co-accused. There is no independent evidence to corroborate the said version of the driver. As against the said statement of the driver, there are statements of the Manager of M/s. Jagdamba Trader to the effect that M/s. Jagdamba Traders are not exporters of goods to Nepal. Even the proprietor of M/s. Jagdamba Traders has deposed that the goods were meant for sale in the local areas, there is no other independent evidence reflecting upon any attempt made on behalf of M/s. Jagdamba Trader to export the goods to Nepal. The minor discrepancies as regards the timing of reaching of the truck at Raxaul or the mode of purchase deal with M/s. Bhagwati Traders at Delhi may cause some doubts but does not advance the case of the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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