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2009 (2) TMI 635 - HC - CustomsWhether the vessel is liable to be confiscated on the ground that the captain of the Vessel had knowledge? Held that:- In the absence of a finding regarding the captain’s or the owners’ knowledge and in the absence of any allegation even in the show cause notice regarding the captain’s knowledge or connivance, we are unable to support the order of confiscation and we have to confirm that the Tribunal was right in concluding that the order of confiscation must be set aside. Accordingly, dismiss this appeal. We make it clear that our decision in this appeal is only with regard to whether the captain had knowledge and whether the Vessel can be confiscated under Section 115(2) and we have not gone into the merits of the involvement of other persons mentioned above and if any appeal has been filed in respect of that, the same will be dealt with separately.
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