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2018 (5) TMI 791 - AT - CustomsSmuggling - Absolute confiscation of red sanders - illegal export - confiscation of pin insulators used to conceal the red sander wood for illegal export, with imposition of redemption fine - confiscation of Indian currency being the sale proceeds of the contraband goods - imposition of penalties. Held that: - The DRI has carried out elaborate investigation into the working of the entire syndicate comprising of Sh. A. T. Maideen, Sh. C. Sekhar and Sh. N. C. Chalathambi who were engaged in the illegal export of red sanders wood. The DRI officers have recorded the statement of Sh. A. T. Maideen on several consecutive dates i.e. 27th, 28th and 30th November, 2011. From the record we find that he has retracted only the statement recorded on 27.11.2011 but not the other statements - It is settled position of law that the retracted statement does not lose its relevance as evidence in departmental proceedings unless sufficient materials are available to take on record, that such statement has been forcibly taken from the accused. In his statements Sh. Maideen has given the detailed account of the modus operandi orchestrated by him in league with Sh. Sekhar, Chalathambi and others. According to the modus-operandi admitted, red sanders was purchased by Sh. A. T. Maideen from Andhra Pradesh and supplied to Sh. N. C. Chalathambi and Sh. Sekhar and stored at their godown at Delhi. From such godown the contraband is illegally exported through various ports - It is further seen that the syndicate has been carrying out such illegal export repeatedly and Sh. A. T. Maideen has also been booked in earlier smuggling cases and imprisoned under COFEPOSA repeatedly - The Indian currency of ₹ 8.5 lakhs has been admitted to be the sale proceeds and illegal exported goods. The impugned orders are upheld - appeal dismissed - decided against appellant.
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