9911796707
TMI Blog2018 (7) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... ver, the amount of penalty would be reduced to ₹ 15,00,000.00. Appeal disposed off. - C/201/2012 - FO/75845/2018 - Dated:- 26-4-2018 - Shri P.K.Choudhary, Member (Judicial) Dr. Samir Chakraborty, Sr. Advocate and Shri K.P.Dey, Advocate for the for the Appellant/Applicant (s) Shri S.N.Mitra, AC(AR) for Respondent (s) ORDER Per Shri P.K.Choudhary The appellant filed this appeal against the imposition of penalty of ₹ 25,00,000.00 under Section 114(i) of the Customs Act, 1962. Briefly stated the facts of the case are that the DRI Officers, Siliguri Regional Unit intercepted two vehicles loaded with logs of Red Sanders Wood concealed under Sacks of Marble Chips (white Stones) on their way to Ghoshpuku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f subject Red Sanders wood to Nepal from India. But the Adjudicating authority imposed penalty of ₹ 1 Lakh and ₹ 30,000.00 on the two Drivers and a penalty of ₹ 25 Lakhs was imposed on the appellant. The Learned Sr. Counsel submitted that the alleged Call details record of the appellant s mobile phone as obtained from the Service Provider , would not establish that the appellant was involved. He relied upon various Case Laws. 4. The Learned DR for the Revenue reiterates the findings of the Adjudicating authority. 5. It is seen from the record that the Drivers of the seized vehicles in their statement stated that they had loaded Red Sanders Wood from one place in Rajasthan and reached Ghoshpukur on 07.02.2011 afterno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sir Khan to stay back in the Line Hotel and Md. Imran Khan, the helper of his vehicle was asked to drive Nasir Khan s vehicle i.e. AS-16A-0732. Both the vehicles travelled around 400 kms. through NH-8 and arrived near Udaipur and then took turn to a nearby village where Logs of Red Sanders Wood were stored in a premises. There the Logs of Red Sanders Wood were loaded in both the carrier vehicles and over the Logs sacks of marbel Chips were also loaded. In the evening of 02.02.2011 both the carrier vehicles laden with Logs and marbel chips left for Jaipur and in the early hours of 03.02.2011, both the vehicles arrived at the Line Hotel where Nasir Khan was waiting. His vehicle s number plate (NL-02G- 2619) was replaced by another number plat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
