2002 (7) TMI 188

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..... ) imposed upon the appellant, I take up the appeal itself with the consent of both the sides. The appellant is owner of the truck which was intercepted by the customs officers and was found to be loaded with imported silk yarn. On seeing the officers, the driver of the vehicle fled away. The goods were seized along with the vehicle. On adjudication, the truck was confiscated with an option to the .....

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..... s. As such I do not find any justifiable reason for imposition of personal penalty upon the appellant. 4. As regards the confiscation of the truck, Shri Saha fairly agrees that it is not only the owner, but the person in-charge of the vehicle which has to show that the truck was being used without his knowledge, for non-confiscation of the same. In the present matter it was the driver who loaded .....

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