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2008 (1) TMI 67 - CESTAT, KOLKATASugar confiscated on account of attempt to illegal export - no finding by the Lower Authority that there was an attempt to illegally export - impugned sugar was found merely stored at a place where there was no engagement of any vehicles nor any persons were found attempting to take the sugar across the border - place of storage was 2 K.M. away from the Bangladesh border - offence not proved - Appellants deserve to be given the benefit of doubt – confiscation & penalty set aside
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