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2006 (7) TMI 472

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..... e Appellant. Shri K. Jha, JDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. Pursuant to the information, the D.R.I. Officers recovered a huge quantity of goods of pharmaceuticals of foreign origin from a godown of one Shri Vijay Bhuwania at N H-6, Vill. P.O. Dhulagari, Howrah. They also recovered along with the goods a used Road Challan Book in the name of one M/s. Ba .....

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..... evidence of any other person owning the goods found in the godown. All the evidences led to prove the existence of the purported tenant of the godown in the name of one Shri Vijay Kumar Bhuwania. No whereabouts or identity of such Vijay Kumar Bhuwania was traceable and it appeared incredible that Shri Vinod Agarwal would sign a rent/lease agreement without even seeing the person with whom he was .....

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..... he show cause itself admits that the lease agreements of the said premises were signed in the presence of a witness of one Shree Shrinivas Lahoti who had admitted to have received the lease and forwarded them to Shri Vinod Kumar Agarwal. The failure of the investigators in trying to locate the contact numbers of the mobile phone used by Shri Vijoy Kumar Bhuwania and to get him identified from the .....

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..... The goods under seizure are not specified under Section 123 of the Customs Act, 1962. They had admittedly been repacked and thereafter, loaded on to the Tata 407 Motor Vehicle and thereafter, supplied on the basis of challans issued. The driver of the tempo at the relevant time and the only applicant/appellant herein, did not have any conscious knowledge of the goods being of foreign origin or not .....

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