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TMI Blog2006 (1) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 3900 Kgs. which was concealed under plastic scrap and iron scrap weighing 1425 Kgs. The truck along with its occupants and the goods was taken to Customs office where unloading was done and opinion of two traders dealing in copper scrap was taken who confirmed that copper scrap and wire which was found in the truck was of foreign origin. The occupants of the truck were interrogated and their statements were recorded. Shri Trivendra Prasad Mishra, Shri Mohan and Shri Vinod Tiwari were in the truck and they stated that copper scrap was imported from Nepal and were loaded in the truck near Mihipurwa Jungle and the same was concealed by iron and plastic scrap and they were taking it to Kanpur for sale. After investigation and issuance of sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the seizure was sustained on the basis of expert opinion of two dealers was neither declared as relied upon documents nor it was supplied to them, has no merits. Shri Asgar Ali has claimed the ownership of the goods by sending letter dated 15-12-2000. The letter was addressed to the Additional Commissioner of Customs, Lucknow. This letter was given to the department claiming ownership much before the issue of show cause notice but they have neither received any reply to this letter nor show cause notice was issued. Therefore, the action of the department not determining the ownership correctly is not correct. Finally, it was argued that since there is no proposal for imposition of penalty, therefore, the penalties are not sustainable an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have considered the submissions made by both the sides. I find that the copper scrap which was concealed in the truck below the plastic scrap and iron scrap was detected on the basis of a specific information. Shri Trivendra Parshad Mishra and Shri Mohan in their statements accepted the ownership of the copper scrap. They have also stated that scrap was purchased by them from Nepal and it was loaded in the jungle near Mihipurwa. Thereafter, the copper scrap was concealed with plastic and iron scrap. Shri Vinod Tiwari, driver of the truck also corroborated the statements of these two persons. The occupants of the truck were the first persons to know from where the truck was coming and where the goods were loaded. Therefore, their statements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s they have not contested the foreign origin of the goods and not asked for their cross-examination. Therefore, this plea is not acceptable. 6. Regarding ownership claim of Shri Asgar Ali, I find that he has never pursued his claim immediately after seizure although in his representation dated 15-12-2000, he has written that he came to know about the seizure of the goods the next day. If he would have been the real owner, he could have approached the custom officers immediately and could not have taken one month s time in sending the letter and thereafter kept quiet till the adjudication of the case. The ownership of the goods was claimed by Shri Trivendra Prasad Mishra and Shri Mohan who were the occupants of the truck, whereas Shri Asga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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