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TMI Blog2009 (3) TMI 368X X X X Extracts X X X X X X X X Extracts X X X X ..... appears for Shri Vishambnar Gupta in spite of notice. Heard the ld. DR on behalf of the Department. 3. The relevant facts, in brief, are as follows:- (a) Two trucks, One truck with Shri Ram Nath as Driver and Shri Ved Prakash as Cleaner and another truck with Shri Sadique as Driver with another cleaner were intercepted on 12-7-2003. The trucks were officially carrying sugar bags but search of the vehicle led to recovery of spectacles and shoes of foreign origin from 21 cartons and 2 gunny bags totally valued at Rs. 25,91,000/-. (b) Both Shri Ram Nath and Shri Sadique stated that they were transporting sugar bags with relevant documents and enroute, they got the above mentioned goods loaded and kept them hidden among sugar bags; that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hile they were agreed to transport the goods for small monetary considerations. Out of fear, they initially submitted that they were not aware to whom the goods belonged to. Subsequently, they helped the Investigating Authorities by revealing the details of the owners. They are poor drivers and they had no intention to knowingly transport the contraband goods and, therefore, seeks for setting aside the penalties on them. 4.2 As regards the appeal by Shri Ved Prakash, cleaner, he submits that no evidence of any monetary benefit accruing to him has been relied upon. 5. As regards the appeal by Shri Vishambhar Gupta, we have considered the Grounds of Appeal wherein, he denied ownership of the confiscated goods and also denied any knowledge a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvestigating authorities, he has not come forward and tendered any evidence. We do not find any reason to disregard the findings based on the above evidence. Accordingly, we hold that Shri Vishambhar Gupta is also liable for penalty. 8. Accordingly, penalty imposed on Shri Ved Prakash is set aside. Taking into account the entire facts and circumstances of the case including the poor financial status of the Drivers, we intend to show some leniency in the quantum of penalties imposed. We reduce the penalty imposed on Shri Ram Nath from Rs. 2,00,000/- to Rs. 20,000/- (Rupees Twenty Thousand only) and the penalty imposed on Shri Sadique from Rs. 2,00,000/- to Rs. 20,000/- (Rupees Twenty Thousand only). The penalty imposed on Shri Vishambhar Gu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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