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TMI Blog2003 (11) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... name Simla was used as a means of transport in the smuggling of silver blocks seized and confiscated by the Customs authorities mainly relying on the statement given by Mr. M.L. Kunjumon and Mr. M.L. Suresh relying on the decision of the Supreme Court Sukhawani s case supra? 2. Whether the decision of the Supreme Court in Sukhawani s case (supra) applies to a case of confiscation a conveyance -- the ship Simla under Section 115(2) of the Customs Act, 1962? The facts of the case as stated in the Order-in-Original No. S-14/46/93 Pr Cus., dated 30-3-94, for reference in the matter is as follows : 1. On the basis of information that a pick up van bearing registration No. KED 4899 is expected to bring contraband Silver ingots, the of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i, a DCM Toyota Pick Up Van bearing registration No. KED 9819 was sighted near the toll gate towards the end of bypass and the said vehicle was intercepted by the officers. Only the driver of the said vehicle who identified himself as Shoukath Ali was seen in it. On examining the said vehicle it was also found to carry fish and ice in plastic trays and heavy materials wrapped in gunny with holders kept beneath the plastic trays. Shri Shoukath Ali was asked to accompany the officers with the vehicle for detailed examination. Then the officers along with the witnesses and the two intercepted vehicles proceeded to the house of Shri. M.L. Kunjumon, S/o Vavachan, Mukkath House, Aroor Panchayath where the silver ingots would be landed, as per the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es contained some numbers written in it. When gunny packing was removed each of the gunny bundle contained a metal brick resembling silver with markings on it. Those 140 metal bricks with inscription found on it were serially numbered from 1 to 140 in red paint and details are given in Annexure I to the mahazar prepared at the time of seizure. The total weight of the 140 bricks comes to 4642.688 kgs. The numbers found on the gunny packings were found to be the weight of the metal brick the packet contained. Those 140 bricks were given as Lot No. I in the annexure to the mahazar. Search of the vehicle KED 9819 resulted in the recovery of 115 metal bricks resembling silver wrapped in gunny bundles with holders, kept beneath 30 plastic trays c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 1,50,000/- and the matador tempo van with registration No. KL-13-9540 valued at Rs. 2,25,000/- along with the photocopies of vehicle documents found in the vehicle and the 80 plastic trays valued at Rs. 2,000/- were also seized under the said mahazar. In addition to these the driving licences of the three drivers were also seized. The mahazar was completed at 1 P.M. on 14-10-92. The statements of Shri Mohammed Ali, Shri Shoukath Ali, Shri. K.P. Rajesh, Shri M.L. Kunjumon, Shri M.L. Suresh, Shri M.A. Augustine, Shri. T.P. Faizal, Shri Ibrahim, Shri Meethelthody, Shri K.V. Ramachandran, Shri P. Muraleedharan, Shri C.P. Abdul Razak, Shri K.P. Abdul Majeed, Shri K.J. Slitor, Shri Rajan Mathew, Shri Antony Luiz, Shri T.H. Ajit kumar, Shri C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as further corroborated by the circumstances quoted in the order. The Tribunal also noted that the adjudicating authority himself had given findings that the appellant is not the person who was connected with the smuggling activity and in the facts and circumstances, the Tribunal held that the redemption should have been given in the case to the appellants. The vessel in question namely Simla was hypothecated to the Syndicate Bank and the Bank is entitled to recover the balance amount due from the appellant. Therefore, taking into consideration of these aspects, the Tribunal found that it was a fit case wherein, the adjudicating authority should have allowed the appellant to redeem the vessel and in view of the matter the vessel was held ..... X X X X Extracts X X X X X X X X Extracts X X X X
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