1999 (7) TMI 603

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..... nalty of Rs. 2 lakhs has been imposed on the applicant - appellant by the Commissioner of Customs by holding him to be a king-pin of the smuggling syndicate arranging smuggling of various types of goods from Nepal. In the instant case contraband goods of various types including foreign made industrial bearings, Chinese silk cloth, re-chargeable lantern, video cassettes and cloths etc. totally valu .....

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..... and Dildar Singh who had arranged transportation of the goods. He submits that such uncorroborated statement of co-accused should not be made the basis for penalising the appellant. As regards the financial position he draws my attention to the income tax clearance certificate which shows the income for the financial year 1998-99 as Rs. 71,000/-. In these circumstances he prays for unconditionall .....

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..... 4. I have considered the submissions of both the sides. Lot of evidence is required to be gone into before final decision can be taken in respect of the findings against the applicant. However I feel that requiring the applicant to deposit the entire amount of penalty would cause undue financial hardship to him. At the same time I note that the applicant has not been able to make out a prima facie .....

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