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2013 (12) TMI 178 - CESTAT BANGALOREClandestine removal of goods - Unauthorized removal of goods from Airport - Attempt to smuggle goods - Appellants role in this act - Held that:- It is not in dispute that on 13.6.2003, two consignments valued over Rs.44 lakhs were successfully and clandestinely removed from the airport by Y. Raju who was employed in the airport as contingent. The appellant's proximity with the said Y. Raju stands confirmed by the appellant inasmuch as he was found attending to work at his residence as well. The initial statements of Shri Abdul Kader and Y. Raju implicate the appellant in the smuggling.activities, Further, the appellant was found to have used the cell phone in the name of a friend inasmuch as, from the said phone, calls were made to his residence and calls were received from his residence. The reasons for disowning the use of the phone by the appellant are not convincing - no prima facie case in favour of the appellant has been made out for full waiver of the penalty sustained against him. Considering the financial hardship to appellant, he is directed to make a partial deposit - Stay granted partly.
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