9911796707
TMI Blog2017 (3) TMI 1068X X X X Extracts X X X X X X X X Extracts X X X X ..... s logs were being smuggled out of India from ICD Tughlakabad, New Delhi, container No. MSCU 2400698, which was cleared from ICD Tughlakabad vide shipping Bill No. 1075342 dated 28.07.2012 was detained at JNPT, Nhava Sheva, Mumbai. On examination of the said container, it was found stuffed with logs of red sanders weighing 13190 kgs. The consignment was seized and investigation was carried out by Customs authorities at Nhava Sheva as well as ICD Tughlakabad. On conclusion of the investigation, Show Cause Notice dated 07.02.2013 was issued to all connected parties and the same stand decided through the impugned order dated 30.4.2015. The seized red sanders logs were absolutely confiscated in the Impugned order under Section 113(D)(f)and and ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Let Export Order found in the documents. He also submitted that there is nothing on record to indicate that the various functionaries of CONCOR were aware or in any way involved in the alleged smuggling of red sanders logs. Accordingly, he prayed that the penalty imposed may be set aside. 4. Ld. DR supported the impugned order. He submitted that as per an arrangement between Customs and Concor, the list of Let Export Orders issued by Customs are e-mailed by AC (Export Shed) to the concerned official of CONCOR. If the concerned official of CONCOR had verified the e-mail , which was sent by Customs, they would have become aware that the Let Export Order shown in the documents pertaining to the disputed consignment has not been issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... railing out the container. 7. It has been submitted on behalf of CONCOR as well as various functionaries that they cannot be held responsible for the fraud played by some unscrupulous elements in their attempt to smuggle out contraband. They have pleaded that the documents on the basis of which the container was railed out have been proved to be fabricated. It has further been submitted that total number of containers being booked on daily basis is quite substantial and verifying the Let Export Orders on the basis of e-mail from Customs was impractical. Accordingly, it has been prayed that the penalties may be set aside. 8. We have carefully examined the plead made by CONCOR and its employees. We note that during the course of investigat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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