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TMI Blog2014 (9) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... Husband of Smt. Sahana Khatun 1,00,000/- 3) SH. RAJESH GUPTA Occupant of the TRAVERA Vehicle 2,00,000/- 4) SH. PRABIR KUMAR THAKUR Owner of the TRAVERA Vehicle 1,00,000/- 5) SH. BIKASH PAUL Driver of the TRAVERA Vehicle 25,000/- 2. At the outset, ld. Advocate for the Applicants submits that the Customs Authorities had seized betel nuts weighing totally 19,904 Kgs.(311 bags) valued at Rs. 15,92,320/-, on 08.06.2011/ 09.06.2011, loaded on a truck accompanied by a TRAVERA Vehicle, on the reasonable belief that the said betel nuts were of foreign origin, having been imported illegally from Nepal. The ld. Advocate submits that the entire case h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Per contra, ld. AR for the Revenue does not dispute the execution of the Bank Guarantees by the aforesaid Applicant No.(1) & No.(4). However, he submits that not only there were circumstances under which the TRAVERA Vehicle was detained by the local police along with the Truck carrying the betel nuts, to establish that the goods in question were smuggled or illicitly brought into India from the third country, but also there were ample evidences to establish that the goods in question, were of third country origin and were smuggled into India. The ld. AR mainly referred to the oral evidence of the Applicant No.(3) being occupant of the TRAVERA Vehicle in question, wherein the said Applicant had categorically stated that these goods were o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta would stand waived and its recovery stayed during the pendency of their Appeals. Failure to deposit the directed amounts by them would result into dismissal of their Appeals without further notice. Compliance to be reported on 25.04.2013. Predeposit of penalties imposed on the other three Applicants is hereby waived and its recovery stayed during the pendency of their Appeals. 4.1. At this stage, the ld. AR for the Revenue requested that the Bank Guarantees executed by Smt. Sahana Khatun and Shri Prabir Kumar Thakur, be kept alive during the pendency of their Appeals. The ld. Advocate has no objection to the same. Consequently, these Applicants are directed to keep the Bank Guarantees alive, till disposal of their Appeals. It is also ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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