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TMI Blog2018 (10) TMI 670X X X X Extracts X X X X X X X X Extracts X X X X ..... egal export of red sander wood logs. Shri K. Somasekhar and Shri Pydi Raju have clearly stated that they were engaged in the export of red sanders under the advice of Shri Praveen Kumar - The findings recorded by the Adjudicating Authority in paragraph No. 30.2 of his Order-in-Original and also paragraph No. 30.3 clearly indicate the complicity of Shri Praveen Kumar in master minding the illegal export of red sander wood logs - penalty upheld. Penalty on Shri Pydi Raju - Held that:- It is on record that Shri K. Pydi Raju had received monetary consideration from Shri Praveen Kumar for illegal exports of red sanders and it is also not disputed during the search operations in his residence, unaccounted cash of ₹ 24 lakhs were found which can be considered as sale proceeds of illegal export of red sandal woods - penalty upheld. Penalty on Shri K. Soma Sekhar - Held that:- Adjudicating Authority has clearly brought out on record that various rubber stamps of the customs officers were recovered from his residence and he had agreed and admitted to the said fact - penalty upheld. Appeal allowed in part. - C/30256/2017, C/30437/2017, C/30438/2017, C/30439/2017 And C/30440/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hem under the provisions of Section 114 of the Customs Act, 1962. Various individuals were also issued show cause notices and the show cause notice also sought absolute confiscation and the red sanders wood logs seized during the proceedings. The appellants herein above contested the show cause notice, and submitted individually that penalty cannot be imposed on them. The Adjudicating Authority after following due process of law, imposed penalties on various individuals by the impugned order. The appellants herein above have only filed the appeals against such imposition of penalties. 3. Shri S. C. Choudhary appeared for appellants Shri P. Praveen Kumar, K. Pydi Raju, K. Somasekhar Reddy Dattar Shipping and Logistics Pvt. Ltd. He would submit that as regards the penalty imposed on M/s Dattar Shipping and Logistics Pvt. Ltd., that the penalty is wrongly imposed as the company is engaged in booking of containers for export of goods for parties and penalties imposed on the ground that the appellant had booked the container without having any written orders from the clients and since banned goods were found in the container, penalties needs to be imposed on them is the correct fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e after repeating the facts as indicated herein above, took us through the entire Order-in- Original in respect of roles attributed to various appellants. It is his submission that Shri Praveen Kumar, Managing Director of M/s Dattar Shipping and Logistics Pvt. Limited, was responsible for illegal export of red sander wood logs. It is his submission as the director of M/s Dattar Shipping and Logistics Pvt. Ltd., has placed orders on the liners and used them in the illegal export of red sander wood logs and there is documentary evidence have confirmed by Shri P. Praveen Kumar has placed the orders for empty containers for export of goods in the name of non-existing firms and got the red sander wood logs stuffed into the containers and manipulated the said shipping bills. It is his submission, Shri Praveen Kumar has admitted his role in smuggling of red sander wood logs, it is his submission that role of Shri Pydi Raju and K. Somasekhar is very clearly brought on record that Shri K. Somasekhar played a key role in fabrication of various export documents to be presented to customs for the purpose of red sander wood logs which has banned for export. It is also his submission Shri K. Som ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate the complicity of Shri Praveen Kumar in master minding the illegal export of red sander wood logs. Since, he is the director of M/s Dattar Shipping and Logistics, were used for export of red sander wood, I find that the penalty imposed by the Adjudicating Authority on both these appellants under the Section 114(i) is correct and does not require any interference. Appeals of Shri Praveen Kumar and Dattar Shipping and Logistics Limited stands rejected. 8. As regards the role played by Shri Pydi Raju, I find that the Adjudicating Authority in paragraph No. 31 has brought out very clearly that he played vital role as a facilitator for smooth clearance of the red sanders wood consignments for export and he was involved in preparation of forged export documents and made necessary transport arrangements for illegal export of red sanders to a private godown for loading into containers. It is on record that Shri K. Pydi Raju had received monetary consideration from Shri Praveen Kumar for illegal exports of red sanders and it is also not disputed during the search operations in his residence, unaccounted cash of ₹ 24 lakhs were found which can be considered as sale proceeds of i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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