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TMI Blog2004 (2) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... oaded with Raw Hides/Skins near Customs Ghat (General Area, Aurangabad) which is 1.5 Kms. away from the Indo-Bangladesh Border. Though the driver and other persons managed to flee away the BSF personnel recovered the Raw Hides/Skins from the truck in question, and subsequently, the goods along with the carrier truck were handed over to the Officers of Customs who on reasonable belief that the Raw Hides/Skins had been attempted for illegal export in the neighbouring country, seized the same as unclaimed by the Customs. The truck on which the goods were being transported, was also seized by the Customs. 3. On 16-8-2001, one Atibur Rahaman, the holder of power of attorney given to him by the actual owner of the seized truck, submitted a pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of goods was effected by the Customs Officers. Regarding lawful movement of the truck at the point of interception by the BSF personnel, Shri Latibur Rahaman obtained statement of Prodhans of two Gram Panchayats. 4. After investigations, show cause notices were issued by the Customs to the captioned appellants, proposing confiscation of the Raw Hides/Skins under the Customs Act and for imposition of personal penalties on the appellants for their involvement transportation of Raw Hides/Skins attempted to be smuggled to the neighbouring country. The case was adjudicated by the Commissioner of Customs (Prev.), West Bengal, Kolkata by ordering absolute confiscation of the Raw Hides/Skins and the carrier truck, under the Customs Act. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Magistrate of Murshidabad. He also Referred to the protest/agitation of the local public and also submitted that the skin businessmen of Beldanga blocked the National Highway-34 on 14-8-01 against the seizure. The said agitation was covered by ETV Channel and on request of the Government Officials, the blocked was withdrawn. Learned Advocate submitted that they are having clinching evidences which have neither been enquired into nor been countered by the Department. He, further, contended that the Certificates issued by the Pradhans of Gram Panchayats have not been given credence and no enquiries with such dignitaries or with the local people have been made. He, further, argued that the driver and the cleaner were subjected to physical tor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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