9911796707
TMI Blog2013 (5) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... to India cannot be absolutely ruled out, as held by both the lower authorities. No merit in the Appeals to record a finding contrary to the ones recorded concurrently by the authorities below, thus the penalties imposed on these Appellants appear to be excessive hence, to meet the ends of justice penalty imposed on the Appellant No.(1), Shri Ravishankar Kumar be reduced to Rs.30,000.00 and on the other two Appellants, namely, Shri Pawan Kumar Singh and Md. Shamim be reduced to Rs.10,000.00 on each of them. The Appeals are thus partly allowed to the extent of reduction of penalties, as above. - APPEAL No.C/A/377-379/2010 - - - Dated:- 28-3-2013 - DR. D.M.MISRA, J. FOR THE APPELLANT : SHRI R.RAMAN, ADVOCATE FOR THE RESPODENT : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irection of the Scorpio-owner, Shri Ravi Shankar Singh and he had to deliver the goods as per the direction of Shri Pawan Kumar Singh. The other person namely, Shri Raviranjan Kumar sitting in the said Scorpio vehicle, stated in his statement dated 17.03.2007 that he along with his brother, Shri Ravishankar Kumar took free lift in the said Scorpio vehicle which belonged to his phuphaji, Shri Ravi Shankar Singh of Motihari, for coming to Patna. He had stated that he was a student and had nothing to do with the shoes of third country origin, intercepted by the Customs. Based on further investigation, show cause notices were issued to four noticees including the Appellants. On adjudication, the Adjudicating Authority had directed absolute conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncerned with the said vehicle nor smuggling of the shoes. Ld. Advocate submitted that Shri Ravishankar Kumar had neither been examined by the Customs nor had appeared before the Customs Authorities pursuant to the summons issued to him. Ld. Advocate, however, has accepted that the driver, Md. Shamim had initially stated to the Customs Officers that the shoes were brought into India from Nepal under the direction of the owner of the said Scorpio vehicle, Shri Ravishankar Kumar, Appellant No.(1). Both the brothers sitting in the said vehicle namely, Shri Ravishankar Kumar and Shri Raviranjan Kumar had also stated that the said vehicle was belonging to their phuphaji, Shri Ravi Shankar Singh. The said statements were not retracted except the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. These goods were intercepted by the Customs on 17.03.2007. On interrogation of the occupants of the said vehicle, it was revealed that the vehicle belonged to the Appellant No.(1) Shri Ravishankar Kumar and the goods were smuggled. Later, the said vehicle was found to bear fake registration and stood in the name of some other person. However, the fact remains that the statements furnished by the occupants of the vehicle had not been contradicted. In these circumstances, the involvement of these three Appellants in bringing of the goods of third country origin to India cannot be absolutely ruled out, as held by both the lower authorities. In these circumstances, I do not see any merit in the Appeals to record a finding contrary to the one ..... X X X X Extracts X X X X X X X X Extracts X X X X
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