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2017 (10) TMI 1437 - AT - CustomsAbsolute confiscation - smuggling or not - seizure of Bullock and Cattle - redemption fine - penalty - Held that:- Nobody claimed the seized cattle. The circumstantial evidences would show that the driver of the vehicle fled away while the vehicle was being intercepted by the BSF. The driver of the vehicle had not given any statement on the procurement of the seized cattle. Thus, it is clearly evident that the said vehicle was carrying the cattle for attempted illegal illicit export to Bangladesh. Hence, the submission of the Ld. Counsel on this issue has no effect. In the present case, it is seen that the driver of the vehicle ran away on seeing the BSF patrol party. It appears that the driver, the agent of the owner of the vehicle, had knowledge of the illegal transport of smuggled goods. So, confiscation of the vehicle is justified - Penalty not justified - appeal allowed in part.
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