9911796707
TMI Blog2019 (5) TMI 982X X X X Extracts X X X X X X X X Extracts X X X X ..... nates. On inspection of the consignment 289.9 kg of ketamine hydrochloride was found concealed. The consignment was seized and show cause notice dated 22-02-2011 was issued proposing confiscation of ketamine hydrochloride and card board boxes used for packing and proposing imposition of penalties on various persons and firms including the appellants M/S Neelkanth Exports (Appeal No. C/331/2012) and Shri Khalil Alimuhammad Darbar (Appeal No. C/330/2012) and others. Commissioner of Customs Air Cargo Complex, Mumbai vide order CC/RK/06/2011-12 ADJ ACC dated 31-01-2012 ordered absolute confiscation of impugned goods and imposed, inter alia, penalties of Rs. 20 Lakhs and 10 Lakhs on M/s Neelkanth Exports respectively. 3. Learned Counsel for M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in accused sought his help in protecting the pomegranates from getting spoiled. 4. We find that the issues to be decided in the present case is as to whether the Learned Commissioner was correct in imposing penalty on the company while holding the proprietor was not involved and as to whether imposition of penalty on the other appellant is correct. In relation to the role of Shri Ajay Vasan (proprietor of Mr. Neelkanth Exports) Learned Commissioner has found that 'I therefore, find that Shri Vasan has not played any role in the attempted unauthorised export of ketamine hydrochloride from Air Cargo Complex. Based on the aforementioned facts and circumstances, I find Shri Ajay V. Vasan proprietor of M/s. Neelkanth Exports is not personally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no role and on the other says that Mr. Sung had called him on his mobile once; Mr. Sung met him once to seek help in protecting the pomegranates. We find that there is inconsistency in his version. However, looking into the totality of the circumstances, wherein Shri Khalil is not made of to be the main culprit and nothing has been placed on record to show as to how he was to be benefitted in the illegal export we find that penalty imposed on Shri Khalil needs to be reduced. Accordingly, we reduce the penalty imposed on Shri Khalil to Rs. 5 lakhs. 5. In the result, appeal, filed by M/s. Neelkanth Exports, No. C/331/2012, is allowed. Appeal, filed by Shri Khalil, C/330/2012, is partly allowed by reducing the penalty to Rs. 5 lakhs. (Dict ..... X X X X Extracts X X X X X X X X Extracts X X X X
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