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TMI Blog2018 (3) TMI 569X X X X Extracts X X X X X X X X Extracts X X X X ..... as not in existence and there was no forest Beat Office at Kohra Range. Thus, it is apparent on the face of the record that the appellants attempted to export the goods without any valid documents. Appeal dismissed - decided against appellant. - Appeal Nos. C/75286 & 75287/2016 - Order No.FO/75236-237/2018 - Dated:- 9-3-2018 - Shri P.K.Choudhary, Member (Judicial) Shri A.C.Tikadar, Consultant for the Appellant Sri S.K.Naskar, AC(AR) for the Respondent ORDER Per Shri P. K. Choudhary 1. Briefly stated the facts of the case are that the Officers of DRI, Guwahati on 13.12.2013 intercepted Md. Bodrul Islam and Md. Jahdul Islam of Hozai, the appellants herein, near Check-in-Counter of Jet Airways in Lokpriya Gopinath ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent with Md. Bodrul Islam who had earlier of the day came to the Airport with its luggage that contained Agar Wood Chips. But the goods were seized from the possession of Md. Jahdul Islam. The Learned Counsel referred to various Case Laws. The Learned D/R reiterates the findings of the lower authorities. 3. I find from the record that the Customs Officers recovered Indian Passport from both the appellants. Electronic Ticket Receipt of Jet Airways from Guwahati to Mumbai and Mumbai to Kuwait issued in the name of Md. Bodrul Islam travelling on 13.12.2013. Md. Bodrul Islam informed the DRI Officers that the said ticket was cancelled. The Agar Wood or its derivatives or extracts being an endangered species are listed in Appendix II of Cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ages as a carrier to Kuwait earlier. Md. Jihadul Islam corroborated the statement of Md. Bodrul Islam. He stated that he had cancelled his ticket of an earlier flight in order to carry Agar wood chips and Agar oil up to Mumbai with Md. Bodrul Islam. Passports of both Md. Bodrul Islam and Md. Jihadul Islam further revealed that they were frequent travelers to Kuwait. During follow-up investigation it was revealed that the documents and transit passes produced by the said persons in support of the said goods were fake. It was also found by him that investigation revealed that the purported seller of the said goods was non-existent and further that there was no forest Beat office as Kohra Range. Moreover the officials of the Jet Airways also c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Md. Jihadul Islam rescheduled his travel plan according to that of Md. Bodrul Islam. Further, exportation of Agar wood, and its derivatives, included in Appendix II of CITES as well as serial No.18 of the Export Licensing Note 1 of Chapter-12 Export Policy-ITC (MS) [SI 80 to 83] requires certificate of legal possession or certificate of cultivation and since none of the persons involved in the instant case was in possession of a valid certificate or certificate of cultivation while these were being transported to Kuwait, the adjudicating authority held that there was an attempt to smuggle out of the said goods to Kuwait and the seized Agar wood chips and Agar oil liable to confiscation under Section 113(d) (g) of the Customs Act, 1962 a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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