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2017 (9) TMI 1271 - AT - CustomsSmuggling - Betel nuts - confiscation - penalty - Held that: - the driver has admitted that he was transporting the said betel nuts and failed to explain the source of procurement of betel nuts, he only said that one person stopped him and told that there is some consignment which is carrying from Sonauli to Gorakhpur and for that he will get the fare of ₹ 4,000/- and he failed to explain the name and address of the person who loaded the betel nuts in pickup van - He also admitted his crime before the officers - penalty imposed on Shri Zubair Ahmad of ₹ 25,000/-, qua on Appellant No. 1 is justified. Confiscation - quantum of redemption fine - Held that: - the vehicle in question was involved in transportation of betel nuts whom source could not be explained by the Appellant No. 1 in that circumstance, vehicle is liable for confiscation, and the order of confiscation is justified - redemption fine has been imposed to the tune of ₹ 90,000/- is highly excessive, and is reduced to ₹ 40,000/-. Appeal allowed - decided partly in favor of appellant.
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