2006 (1) TMI 443

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s from truck bearing Registration No. UP-78B-5470 which were concealed below the gunny bags of rice husk. The wooden boxes were found to contain ball bearings of foreign origin of different sizes. The truck and all the goods found, were seized. Based on the documents found in the truck the officers found out that the appellant herein is the owner of the truck and visited his residence but nothing incriminating was found. The appellant herein, gave a statement that he had asked the driver to transport a consignment of guavas, and that he does not have the address of the driver. The appellant also further stated that the driver was appointed by him recently that also on the recommendation of Shri Kripal Singh of Man Transport Ltd., Kanpur. In .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hat confiscation and penalty on the owner of the truck is wrong, if he is unaware of the nature of goods being carried and if the goods are non-notified goods. 4. The learned D.R. submits that, the appellant an owner of the truck cannot state that he is not aware of the address of the driver employed by him. It was submitted that the person on whose recommendation the appellant appointed the driver was also not able to give the address of the driver. This viewed from the total angle of the foreign make bearing being carried without any documents and concealed under the rice husk, would definitely point a finger towards the involvement of the appellant in this case. 5.1 Considered the submissions made by both sides and perused the record .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... animal proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal : Provided that where any such conveyance is used for the carriage of goods or passengers for hire, the owner of any conveyance shall be given an option to pay in lieu of the confiscation of the conveyance a fine not exceeding the market price of the goods which are sought to be smuggled or the smuggled goods, as the case may be. From the plain reading of the above Section it can be seen that the owner or his agent has to prove that they had no knowledge of the contents of the boxes. In this case, though the owner of the truck (the appellant) may not be aware about the prese .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X