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TMI Blog1999 (11) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. [Order per : G.R. Sharma, Member (T)]. - These 3 appeals arise out of the same order, they were heard together and are being disposed of by this common order. 2. The facts of the case in brief are that the Officers of the DRI, Varanasi searched the premises of Sh. Ratan Kumar Singh situated at Kasturba Marg. 31 gunny bags containing Chinese Silk yarn were recovered from on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agreement dt. 4-2-97. Shri Ajay Yadav was summoned. Summons were returned undelivered. When enquiries were made at the address, the owner of the house stated that he does not know any Ajay Yadav. Shri Ratan Kumar Singh in his statement recorded on 14-3-97 stated that the premises rented to one Ajay Yadav, was introduced by Vijay Jaiswal. When the enquiries were made at the address of Vijay Jaiswa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t not only the rent receipt was produced before the authorities below but a notorised agreement was also produced; that an affidavit filed by the Notary was also produced. Ld. Counsel submits that it is clear from the affidavit signed by the Notary that he could recognise the persons, if they were produced before him. He submits that there was no evidence produced by the department that any of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the contraband silk yarn. He submits that looking to the value of the goods and looking to the fact that the appellants were party to keep contraband silk yarn in the premises, the penalty has rightly been imposed on them. He submits that the penalty was nominal and prays that the appeals may be rejected. 7. Heard the rival submissions. We find that the agreement could not be produced by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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