2008 (11) TMI 444

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..... [Order per : Archana Wadhwa, Member (J)]. The challenge in the present appeal is to confiscation of the truck and imposition of penalty upon the appellant. The said truck transported goods from Kandla Port to Jamnagar. It was found by DRI officers that the goods were cleared by the importer without payment of duty under advance licence scheme and were diverted in violation of the condition .....

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..... the goods. The truck was meant for delivery of the goods in Jamnagar and the same were delivered as per instructions of the consignee. The truck in question was leaded by the importer s representative and only the plot number was different. On the said basis, it cannot be concluded that the driver was aware of the diversion of the goods in contravention of the conditions of advance licence. As su .....

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