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TMI Blog2023 (12) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... ehicle. The said fact was in the knowledge of the appellants and at the time of interception of the vehicle, the appellants have made statement that they were not carrying any contraband goods with them, which shows that the mala fides of the appellants, in that circumstances, the penalty is rightly imposed by the adjudicating authority to meet the ends of justice and to teach a lesson to the appellants not to involve in such activities in future. There are no infirmity in the impugned order for imposing penalty on the appellants. The impugned order qua imposing penalties on the appellants of Rs.10.00 Lakhs and Rs.1.00 Lakh respectively, is upheld - Appeal dismissed. - HON BLE SHRI ASHOK JINDAL , MEMBER ( JUDICIAL ) Ms. Ati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raband with them to which they again replied in the negative. The said three persons were then searched one by one in presence of two independent witnesses (Panchas). On search, one mobile phone each was recovered from the three persons. A mobile phone brand Micromax Bold Q324 was recovered from the possession of Md. Abdul Hannan, a mobile brand Karbonn was recovered from Md. Sanowal Ali and one mobile phone of brand Samsung was recovered from the possession of Md. Saleh Ahmed. Thereafter, the vehicle having MV Registration No.WB-20Z- 7017 was searched by the DRI officers in presence of Panchas and the three occupants of the vehicle. On search, nothing incriminating was recovered from there except the certificate of registration of the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of foreign origin. In total 120 pcs. Of such Yellow metal biscuits were recovered from the said 04 packets. Though some metal biscuits were marked with foreign inscriptions, foreign markings on the other biscuits were found to be obliterated. After recovery of the yellow coloured metal biscuits in front of them, the said three persons Md. Abdul Hannan, Md. Saleh Ahmed and Md. Sanowar Ali finally admitted that the said Yellow Coloured Metals in biscuit form were actually gold of foreign origin that were smuggled into India through the Indo-Myanmar border at Morey in Manipur and were handed over to them for delivery at Kolkata. On demand, they could not produce any licit documents in support of importation/possession, carrying transportati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statements of the appellants were recorded, which is as under :- [A] Saleh Ahmed (Noticee No.1) along with Abdul Hannan (Noticee No.2) and Salowar Ali (Noticee no.3) was intercepted on 17.06.2015 by the DRI officers of Siliguri on the basis of specific intelligence, near Ghoshpukur of Darjeeling district, while, they were travelling in a Hyundai i20 car bearing Registration No.[WB-20Z-7017]. All of them initially denied having any contraband in their possession. Subsequently, after recovery of impugned gold bars from the inside of fuel tank of said car [in presence of them], admitted that they were knowingly carrying the subject consignment of gold bars as per instruction of Ayub Ali [@ F.M. Abdul Kalam] owner of the said car. Saleh Ahm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old loaded in the fuel tank of the car; (x) that on 16.06.2015 at about 07.00 hours he along with Abdul Hannan, (the driver of Ayub Bhai) and one Sanowar Ali, a hawker started towards Kolkata; (xi) that he had offered to pay Sanowar Ali handsome amount of money to help in transportation of the smuggled gold to Kolkata; (xii) that his mobile number was 9954313486 and Mobile number of FM Abul Kalam @ Ayub Bhai was 7085227280, Ayub Bhai kept contact with him through mobile number 7085227280; (xiii) that he had associated himself in this illegal act of smuggling for sheer greed of money. 10. Further statement of Sanowar Ali was recorded, which is as follows:- Sanowar Ali (Noticee No.3) in his statement dated 17.06.2015, recorded unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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