1987 (12) TMI 152

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..... pal Hegde, Member (J)]. - This appeal was not listed for hearing today. The stay application however listed. We heard the appeal on merits. 2. During the hearing, Shri Vanoo submitted that the whole order of the Collector is illegal. He has neither given show cause notice nor heard the appellant and thus there had been a denial of the principles of the natural justice. On this ground alone the .....

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..... the order is wholly illegal. The Addl. Collector was satisfied that the appellant was not the passenger. Still he imposed a penalty on the appellant. Before him the passenger was still a stranger. He had stated that "in the absence of true address of the passenger it would not be worthwhile to post the case for personal hearing". Instead of making efforts to find out as to who the passenger was a .....

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..... s it relates to the imposition of penalty on the appellant and remand the matte to the Addl. Collector. The Addl. Collector shall ascertain as to who was the passenger, who was found in possession of the contraband gold and thereafter follow the procedure required to be followed under Section 124 and then pass orders in accordance with law. 6. Since we have allowed the appeal by setting aside the .....

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