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2019 (8) TMI 274 - AT - CustomsCFS Operator - Unloading and loading of goods at approved places only - it was alleged that the appellant did not bring the container within 6 hours as required under the Public Notice No. 70 of 2016 and also did not report to the Assistant Commissioner of CFS whereby the safety of the container was threatened - HELD THAT:- The enquiry report does not discuss any evidence on which the finding in the Report is based. The Hon’ble Supreme Court in the case of SHER BAHADUR VERSUS UNION OF INDIA & ORS. [2002 (8) TMI 842 - SUPREME COURT] held that mere noting in the report would not in principal satisfy the rule of sufficiency of evidence. There is no finding that there was a breach of provision of Section 33 of the Act. Already the appellant has suffered the punishment in the order for more than 40 days. It stands idle with huge infrastructure - also the Adjudicating Authority never disputed the fact that the appellant informed the Competent Authority from time to time about the breakdown of the trailer and the movement of the container. Appeal allowed - decided in favor of appellant.
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