9911796707
TMI Blog2017 (10) TMI 983X X X X Extracts X X X X X X X X Extracts X X X X ..... ho found to be the owner of Red Sandal, penalty of ₹ 5,00,000/-, has been imposed, whereas on the respondent, the penalty was imposed to the tune of ₹ 50,00,000/- without any reason - appeal dismissed - decided against Revenue. - C/50511/14-CU[SM] - A/71105/2017-SM[BR] - Dated:- 12-9-2017 - Mr. Ashok Jindal, Member (Judicial) Shri Pawan Kumar Singh, Superintendent (AR), for App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Invoice was issued by M/s Agarwal Traders. Customs Officers had advance information of Red Sandal, having been loaded on this truck. Therefore, Customs Officers along with the clearing agent Shri Dinesh Kumar Chauhan, reached near the Truck No. HR38K-1491, which was parked in front of the gate of Custom Office. On query, the truck driver - Shri Radhe Shyam, informed that truck is loaded with Pow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... set aside. 4. On the other hand, none appeared on behalf of the respondent and the matter is taken up for consideration. 5. I have gone through the records and perused the same. I find that in this case only the truck driver has given inculpatory statement that on the instruction of the respondent, the Red Sandal was loaded in the truck but no other evidence is on record to implicate the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en found that no one in his statement has admitted that appellant had any connection with Balram, Pinto and Dinesh Kumar Chauhan who are main accused of this case. The only evidence against appellant is statement of driver. It is also an established fact that appellant was not owner of above said Red Sandal . In such a situation, when neither any specific role of the appellant is defined in the S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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