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2009 (5) TMI 213 - AT - CustomsSmuggling - illegall import – computer parts brought into country from illegal routes - recovery of fake bills in the course of search made the transactions questionable - We do appreciate that smuggling is done under concealment in the mind of smuggler. The concealed facts come to see the light of day only when the process of law unearths the same. We have noticed that the entire design of the appellant was discovered by search – connivance of parties and their monus operandi established by materials on record - confiscation and penalty is sustainable - However, we noticed that the penalty imposed is disproportionate to the gravity of the offence when habitual offence alleged is not corroborated by any evidence on record. Therefore the cases call for reduction of penalty and we reduce the same.
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