2003 (6) TMI 391

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..... Order]. The present appeal is against confiscation of the truck, which has been confiscated under the provisions of Section 115(2) of the Customs Act, 1962 by the Commissioner of Customs (Prev. ), West Bengal, on the finding that the said vehicle was used for smuggling of silk fabrics of Chinese Origin. Shri B.N. Chattopadhyay, learned Consultant appearing for the appellant submits that the .....

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..... ide. For the above proposition, he relies upon the Tribunal s decision in the case of Rajdoot Road Carrier and Others v. C.C.Ex., Lucknow reported in [2000 (118) E.L.T. 146 (T) = 1999 (35) RLT 69 (CEGAT)], wherein it was held that even running away of the driver at the time of interception is not sufficient to establish his knowledge of smuggled nature of the goods. Similarly, the Tribunal in the .....

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