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TMI Blog1985 (1) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. ORDER Vessel m.v. Rosario was rummaged at Visakhapatnam and four cavities (cutways) were found in the cabins occupied by the 2nd Officer of the vessel and three crew members. The Additional Collector of Customs, Visakhapatnam, by his order referred to supra, ordered confiscation of the vessel under Section 115 (1) of the Act and fixed a fine in lieu of confiscation of ₹ 1 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lk cargo charter, a run in which it is not normally found that smuggling takes place. Hence, he suggested that action under Section 115(1) was not warranted. In the alternative, he urged that the fine in lieu of confiscation is high. 3. So far as the owners and the Master are concerned, counsel submitted that there is no violation of Section 117 of the Act; that there is no knowledge or overt a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to in Section 115 (1) (a) of the Act and that is all that is necessary for sustaining the penal action taken in terms of that sub-clause. We, therefore, uphold the order of confiscation of the vessel. However, we think that the ends of Justice would be met if the fine in lieu of confiscation is reduced to ₹ 50,000/- (Rs. fifty thousand only). We order accordingly. 6. Section 117 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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