TMI Blog1974 (6) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... g 50 bags of cloves was seized in its way from Paramathi to Salem. The bundles were marked as 'gose' bundles (cabbage) 3 tons in the trip sheet of the lorry. The entries in the trip sheet were made by one Kalian, but without physical verification of the goods as to whether they were cabbage or any other goods. The cleaner, one Thameez, and another by name Raju were sitting in the cabin of the lorr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prasada Rao J., proceeded upon the footing that Alagirisamy J. while issuing Rule Nisi had found that both the men were involved in the offence of importation of prohibited goods. So, the question, according to the learned Judge was confined to the penalties. He thought that imposition of the penalties was neither capricious nor arbitrary. 3. Therefore, he dismissed the petitions. Hence these Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods were not seized at or near the customs frontiers, but far away from them. The fact that no explanation was forthcoming from any as to the origin of the goods, will not be proof that they were contraband goods. There may be other reasons why such information was not available or could not be got. 4. On that view of the matter we consider that the penalties imposed upon the appellant cannot b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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