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2017 (5) TMI 739

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..... the Respondent ORDER Per: Shri P. K. Choudhary 1. Brief facts of the case are that on 08.04.2008 the Customs Officers of Agartala Division in checking/examination of Flight No. IC 7901, detected a consignment containing (i) cigarettes valued at Rs. 27,97,000/- (Rupees Twenty Seven Lakhs Ninety Seven Thousand Only), shoes valued at Rs. 76,025/- (Rupees Seventy Six Thousand Twenty Five only), la .....

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..... ts amongst others as under: a) Md. Riyajuddin -- Rs. 50,000.00 (Rupees Fifty Thousand) only on Md. Riyajuddin, In-Charge, India Post Cargo Service, GPO Imphal under Section 117 of the Customs Act, 1962 for booking the parcels without checking the addresses of consignee. b) Md. Abdus Sattar, General Manager, M/s. Letraco Kid Leather, Kolkata---Rs. 50,000.00 (Rupees Fifty Thousand) only being th .....

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..... lf of Shri Abdus Sattar. There is no application for adjournment. Hence, I take up both the appeals for disposal. 4. The relevant portion of the findings of the Adjudicating Authority in respect of imposition of penalty on Shri Riyajuddin are as under: "In the instant case, while it can be considered that the verification of the consignments or genuineness of declared addresses were not possibl .....

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..... booked the goods when the consignors furnished addresses that obviously were incomplete. None of the addresses have details like street name; house number etc. and one need not be a trained postal staff to infer that these are fake. It is obvious that he knowingly considered recording of addresses in airway bills that are fictitious/incomplete to shield the owners of the impugned goods i.e. smuggl .....

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..... djudicating Authority. However, regarding the imposition of penalty on Shri Riyajuddin and the submissions made by the Ld. Advocate, I reduce the penalty to the tune of Rs. 25,000/- (Rupees Twenty Five Thousand only) on Md. Riyajuddin. In the case of Md. Abdus Sattar, no option has been given by the Adjudicating authority to redeem the confiscated goods and considering the habitual offences commit .....

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