9911796707
TMI Blog2014 (2) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the parcel van No.CC 93835 attached to Saptakranti Express Train No. 2557 on 07.09.2009. On search to the said parcel van on 07.09.2009 at about 8:30 pm at the plot form No. 4 in Lucknow K Junction Railway Station, the investigating authority inventorising following goods of the quantity and value thereof mentioned against each seized the same. Sl. No. Description of goods Quantity (Kg.) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Balaji Cargo Movers at Lucknow while Shri Mahesh Kumar was engaged in New Delhi to look after business of appellant thereat. When ownership of the goods was disclaimed, investigation did not find the appellant to be innocent since he had loaded goods in railway parcel van having taken delivery thereof from an identifiable person. He hided identify of consigner. 3. On the aforesaid background it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcotic were found in the Van without knowledge of appellant that too when the parcel van was not sealed for which the appellant should not be imputed to charge. 5. Revenue on the other hand says that the evidence gathered was full proof case of smuggling including the notorious activity of dealing with NDPS. Therefore, appellate order should be confirmed on all counts. 6. Heard both sides and pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no knowledge about the NDPS substance inside the van which were found during search. So also smuggled goods of third country origin were found therein without any evidence of lawful import. NDPS substance being harmful and injurious to society, there shall be no leniency to the appellant at all against penalty imposed on him. Appropriate dose of penalty should be exemplary punishment to anti-soci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide parcel van was material fact distinguishable from present case. Therefore, the appellant also fails to get the benefit of the same. The third citation does not relate to NDPS substance and third country origin goods. Accordingly, the appellant also fails to get any benefit out of that. It may be stated that facts and circumstances of each judgment is to be looked into for appreciation of decis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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