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TMI Blog2017 (8) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... eply in respect of the charges brought against him. It proves beyond doubt about involvement of Sri K.A. Durai in the illegal export of red Sanders out of India and penalty, as proposed in the subject Show Cause Notice is imposable on him. There is no attempt on the part of the appellant to refute the allegations - appeal dismissed - decided against appellant. - Appeal No. C/322/12 - ORDER NO.FO/A/76521/2017 - Dated:- 1-8-2017 - Shri P.K.Choudhary, Member (Judicial) Shri K.P.Dey, Advocate for the Appellant Shri S.N.Mitra, AC(AR) for the Revenue ORDER Per Shri P.K.Choudhary. Heard both sides and perused the appeal records. 2. The facts in brief are that the officers of DRI Siliguri Regional Unit intercepted 1 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cartons and the sanitary goods, Red colored wooden logs was found concealed below those sanitary goods weighing 6110 Kgs. (number of logs being 240 pcs.). The DRI officers seized the Red Sanders and other materials. 4. By the impugned order, the ld.Commissioner confiscated the Red Sanders absolutely amongst others and also imposed penaltyof ₹ 5,00,000/- on the appellant amongst others, considering their prime role in the act of illegal export under section 114(i) of the Customs Act, 1962. 5. The statements of the drivers were recorded on 03.04.2011 and both the drivers in their statements mentioned the name of Shri Kawal Deep Singh @ Chhotu Bhai. The adjudicating authority in the impugned order has observed that the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice, neither did he appear nor did he sent any letter in reply. The last letter for personal hearing on 26/4/12 could not be served on him; as the letter, sent by Speed Post from this office came back undelivered with postal remarks Left . It appears from the facts of the case that Sri K.A. Durai could not met at the address [as revealed during investigation of the case] by the jurisdiction DRI officers even at investigation stage of the seizure case. Name of Sri K.A. Durai came into picture at investigation stage from the mobile phone number registered in his name [vide para 2.23, supra]. Sri Surinder Aurora, landlord of the house where Sri K.A. Durai was a tenant for last ten years had also indentified the mobile phone number of Sri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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