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TMI Blog2017 (2) TMI 935X X X X Extracts X X X X X X X X Extracts X X X X ..... of the container containing Red Sanders also cannot be held against him as his knowledge about the identity of the containers has not been established. So far the charges (ii) and (iv) are concerned, it is seen that he has admitted that he was aware that there was some mis-declaration happening and he had assisted in the process by giving false identity. Penalty of ₹ 5 lakhs imposed u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no knowledge of the fact that there was any Red Sanders in the export container. The appellant was engaged by the exporter just for the purpose of arranging the container. He argued that in none of his statements, the appellant has stated that he was aware of the fact that there was any Red Sanders in the export container. He further argued that as name does not appear in any other statement of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dhuriya under the instructions of Shri Subhash Sitaram Minde had (i) accepted the job of clearing for export of Red Sanders with full knowledge that export of all forms of rend sandal wood is banned for export out of India, (ii) forged the export documents with a view to mis-lead the Customs Officer at the port and to prevent further examination of the goods at the port and made arrangements for e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r admitted that he was aware that he was doing some shipment involved mis-declaration of goods and he was aware that the charges being paid to him were on the higher side for the reason that he was taking the risk. He has also stated that he has given false identity to the shipping company while booking the containers. Thus, it can be seen that while the charges (i) of show-cause notice is not est ..... X X X X Extracts X X X X X X X X Extracts X X X X
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