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TMI Blog2009 (11) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... ifluromethane), hereinafter referred to as CFC cylinders, concealed below the veneer sheets and the same was valued at Rs. 15,60,000/- and were seized by the officers of DRI, Varanasi. The driver of the vehicle Shri Major Singh, (one of the appellants) admitted carrying the CFS cylinders clandestinely and he revealed that it was loaded by Shri Daljeet Singh, brother-in-law of Shri Inderpreet Singh (Shri Inderpreet Singh is one of the appellants). He also admitted that on earlier occasions also, he has transported such consignments to Ghaziabad and the same were delivered as instructed by Inderpreet Singh. The truck is owned by one Smt. Simran Kaur (she is one of the appellants) who is wife of Shri Inderpreet Singh. Shri Inderpreet Singh has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion fine if the same is sustained. 4.2 On behalf of Shri Inderpreet Singh, learned Advocate submits that during the period when the goods were seized, Shri Inderpreet Singh was in Punjab along with his family; that he has not given any instructions to procure or transport the CFS cylinders. He submits that though, his wife is the owner of the truck, he was only looking after transport business. He also submits that Shri Daljeet Singh, his brother in law was assisting him in transport business. 4.3 On behalf of Shri Major Singh, the learned Advocate submits that he is a poor person. His statement was recorded by the officers. He only admitted to have concealed the CFC cylinders and he did not say that he was receiving any instruction f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s own and transported the contraband without the knowledge of Shri Inderpreet Singh, the question of his seeking help of Shri Inderpreet Singh may not arise. The submission on behalf of Shri Inderpreet Singh that he had no role in the procurement and transport of CFC cylinders lacks credibility in view of the submission of Shri Major Singh that Shri Inderpreet Singh was behind the activities of procuring and transporting CFS cylinders and their subsequent conduct. The fact that during the period of seizure he was away at Punjab has no significance and cannot mitigate the role attributed to him. As regards the penal action taken against Smt. Simran Kaur, except the fact that she is the registered owner of the vehicle, none of the participant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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