9911796707
TMI Blog1990 (2) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... ms, Bombay for violation of the provisions of the Customs Act, 1962. 2. The Petitioner is the owner of a shipping vessel 'Al Ebrahimi' duly registered as a country craft M.S.V. 'Al Ebrahimi'. The said vessel is used by him for exporting commodities to Middle-East countries and importing products from those countries into India. For the said purpose he has engaged the services of a Tindel and few ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igating Agency of the Customs Department, however, could not unearth any other independent evidence. 5. After the aforeslated seizure and investigation, the adjudication proceedings were taken up with notices to all the accused including the Petitioner. On hearing the Customs Officer and perusing the record, the Additional Collector of Customs (Prev.), Bombay, by order dated 22nd April, 1988 (Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he owner of the vessel, while he was illegally confined in the Customs Office and ill-treated. 8. It is pertinent to note that even though the order of the adjudicating authority was passed in April 1988, yet when the complaint was filed in December, 1988, the copy of the adjudication order was not placed before the learned Magistrate, nor was there any reference to the adjudication proceedings. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime of seizure and search. Thus, it is more than obvious that apart from the retracted confession of the co-accused, the complainant does not rely on any other evidence to establish the involvement of the Petitioner accused No. 1. As staled above, on this very material, the Additional Collector of Customs (Prev.), Bombay has fully exonerated the Petitioner and I am fully satisfied with the said fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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