9911796707
TMI Blog2003 (3) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... ata Mobile Van No. MP 09D 8093 on 30-8-1991 at Shahjahanpur Police Post; that the search of the said Van resulted in the recovery and seizure of 581 slabs of silver weighing 702.780 kgs. and valued at Rs. 47,08,626/- from five specially built secret cavities; that Rajendra Kumar, driver, in his statement dated 31-8-91 deposed that one Kanchan Aggarwal of Mathura appointed him as his driver; that Kanchan Aggarwal purchased the said Mobile Van which was registered in the name of one Manoj Kumar which was later on transferred in the name of Dinesh Aggarwal of Indore; that one Dinesh Kumar of Mathura took the Mobile Van to one garage and got the cavities made; that before 15th August he brought Silver weighing about 700 kg. approx. from Beawar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rwal, saraf, was given the said work; that silver utensils, etc. got melted from one Mahesh Chander, silversmith on 12-8-91 in the temple premises itself and these were made into 581 slabs weighing 702.780 kgs.; that as nothing was heard from Shri Kanchan Lal Aggarwal for a long time, several letters were sent to him and a final notice dated 20-1-1992 was given to him; that Kanchan Lal Aggarwal informed the Trust that silver in question was seized by the DRI officers; that the Trust in its meeting on 15-9-93 decided to take legal action against Kanchan Lal Aggarwal; that thereafter the Temple Trust Board filed a criminal case against Kanchan Lal Aggarwal in the Court of 3rd Metropolitan Magistrate, Mathura which is still pending. The learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance Co. Ltd. v. Collector of Customs - 1993 (66) E.L.T. 78 (Calcutta) wherein it was held that in absence of show cause notice issued to the owner of the vehicle the department is not entitled to proceed against the company and the vehicle must be returned by the Customs authorities. Reliance has been placed also on the decision in the case of H.A. Abdul Mustafa Co. v. Additional Commissioner of Customs - 1986 (25) E.L.T. 718 (Tribunal) wherein it has been held that confiscation of vehicle is justified when conveyance is used as a means of transport in smuggling of goods with the collusion of person in charge thereof. The learned Advocate also relied upon the decision in the case of Yusuf Kadar v. Collector of Customs (Preventive), 1988 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich was mentioned in the registration certificate of the vehicle, was family property of one Shri Shujauddin and nobody by the name Dinesh Kumar had ever lived there. The learned SDR also submitted that if silver had been acquired by Kanchan Lal Aggarwal from Temple Trust, he would have gone to Delhi to inform the DRI officers; that instead of informing DRI officers he went to Bombay and in reply to the summons he informed the DRI officers about his non-availability for tendering statement. The learned SDR also mentioned that the Commissioner has given his findings that Kanchan Lal had claimed to have gone to Churu for searching the proper craftsman for making utensils for deity and it is difficult to comprehend that in normal circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal." The Appellant No. 1 has not succeeded in establishing ownership of the impugned Tata Mobile Van. The registration of the Tata Mobile Van is in the name of one Dinesh Kumar of Indore and not of D.K. Aggarwal, Mathura. As the Appellant No. 1 had not succeeded in establishing that the vehicle was owned by her husband she cannot be called an aggrieved person and as such is not entitled to file the appeal. 6. We observe that the Appellant No. 2 has not succeeded in proving that the silver which has been confiscated by the Commissioner belong to the Temple Trust Board. The silver got by the Temple Trust Board after melting old pieces of silver utensils, etc. is reported to have been given to Kanchan Aggarwal in 1991. Nothing has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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