9911796707
TMI Blog2012 (2) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... unning towards it from outside. From the impugned order, it is seen that the statement of the appellant is recorded in the presence of the panchas as per the discussion about the panchnama and its contents. The material witness in support of the case of the department is evidence of JA Saldana, who has recorded the statement, and seen the drawing of the panchnama, and the main person incharge of the investigation. NT More, the security guard in the aircraft is also a material witness in this case regarding the presence of the appellant after his duty hours for the purpose of entering aircraft and bringing, the gold from the aircraft. These witnesses throw light on all the possible doubts urged by the appellant to show the improbability of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of the defence witness. Process should be issued afresh is the Aircraft authorities to produce relevant log book, as per the letter of their solicitors and advocates dated 1.10.90. After the conclusion of the same, both the sides may be given an opportunity to submit their case. Thereafter adjudicating authority should proceed for adjudicating afresh. All these requirements should be completed within a reasonable time as the event has taken place in 1990, and the appellant is facing departmental proceeding and the prosecution. 2. The adjudicating authority has observed as under: 33. This office wrote to Air India authorities to provide log book as it was CESTATs direction in its order dated 01.02.2001. The Sr. Manager, Engg Admn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in which name, staff number and designation of the staff entering Air craft would be recorded in the register including the time in and out and accordingly a notice was issued to on 19.12.1989; that a similar notice was issued by her clients Engineering department, Air India dated 21.12.1989. But nowhere Smt. Aisha Zubair Ansari admits that her client Jagdish Vishnu Gursahani has signed the register i.e. log book on 06.02.1990. When such being the position, simply asking for the register will not arrive at any conclusion, but leads others into astray as in the present case. In as much as the SCN has not relied on the log book, the adjudicating Authority cannot rely on the same as the log book is not a statutory document. Consequently, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eliberately. Considering the facts and circumstances of the case, it is apparent that there is no intentional delay form the Department side in deciding the case and hence the case law cited by the learned advocate is not relevant to the present case. 35. As observed by the CESTAT in its order dated 01.02.2001 at para 13 that the main person incharge of the investigation was Shri JEA. Saldanha and material witness was Shri N. T. More. However, both these persons could not be cross examined as they did not turn up on the dates of cross examination. 4. It was further observed that the appellant was involved in the activity of smuggling of gold and, thereafter imposed penalty on the appellant. 5. Heard both the sides. 6. We have go ..... X X X X Extracts X X X X X X X X Extracts X X X X
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