9911796707
TMI Blog2013 (5) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... 88, the Officers of Customs, Patna intercepted the same on 17.03.2007 at around 09.30 hours. On search of the said vehicle, the Officers found 150 pcs. of foreign-made shoes (NIKE brand) concealed in five plastic gunny bags & three persons were sitting in the said vehicle, excluding the driver. Statements of these persons were recorded. One of them, Shri Pawan Kumar Singh stated that the shoes belonged to one Shri Raju Singh, son of Shri Vishwanath Singh of Motihari. He also informed that these shoes were loaded in the said vehicle at the house of one Shri Shanti Bhusan of Ramgarhwa. He could not produce any valid document regarding legal importation of the goods into India. 2.2. Md. Shamim, the driver of the seized vehicle, in his stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mely, Shri Pawan Kumar Singh and Md. Shamim. Aggrieved by the said Order of imposition of penalty, the Appellants preferred appeals before the Commissioner (Appeals), Patna. The Commissioner (Appeals) upheld the Order of the Adjudicating Authority. Hence, the present Appeals. 3. Ld. Advocate, Shri Radha Raman appearing for the Appellants submitted that the Appellant No.(1), Shri Ravishankar Kumar was in no way concerned with the illegal import of 150 pcs. of NIKE brand shoes. Also the said Scorpio vehicle bearing Registration No.UP-32BB-4388 did not belong to him. He also submitted that the aforesaid RTO Registration Number stood in the name of Shri Arun Kumar Singh, son of Rampadath Singh residing at Vill.:Kodarkal, PO:Venkarava, Dist. Ea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue has submitted that immediately after interception of the vehicle by the Customs Authorities on 17.03.2007, the persons travelling in the vehicle namely, the driver and two other persons, Shri Ravishankar Kumar and Shri Raviranjan Kumar had categorically stated that the vehicle belonged to Shri Ravishankar Kumar. The foreign origin of the goods has not been in dispute. It is also not in dispute that while loading the vehicle with the third country origin goods, the carrier of the said goods was aware of the fact that these goods were of third country origin. The ld. AR submitted that Shri Ravishankar Kumar did not appear before the Customs Authorities in spite of repeated summons to clarify his position against the allegation made and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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