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2009 (3) TMI 368 - CESTAT, NEW DELHIPenalty – Trucks intercepted and found carrying contraband – Penalty on drivers of truck, cleaner of truck and owner of contraband - drivers of the truck carrying sugar bags have consciously allowed the vehicle for carrying goods of foreign origin without bill and admittedly, they have done this for monetary considerations. The amount of Rs. 2,000/- charged by each of them appears on the higher side clearly indicating that the consignments are not ordinary goods. Further, admittedly the goods were found concealed. Therefore, we hold that the plea, that they were not aware of the contraband nature of the goods, is not acceptable. – considering the poor financial status of the Drivers, we intend to show some leniency in the quantum of penalties imposed, so we reduce the penalty imposed from Rs. 2,00,000/- to Rs. 20,000/- - As regards the Cleaner, Shri Ved Prakash, no specific evidence about his knowledge about the nature of the goods and about monetary considerations for his work, hence penalty on them is set aside - Commissioner relying on the evidence given by drivrs and another person concluding that appellant owner of goods - in spite of repeated summons by the investigating authorities, appellant has not come forward and tendered any evidence – There is no reason to discard findings – penalty liable but reduced from Rs. 3,00,000/- to Rs. 1,00,000/-
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