TMI Blog2005 (8) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... confiscation under Customs Act, 1962, as the drivers of the vehicles could not produce relevant documents for the goods found loaded, the goods and the tempos were therefore seized; the tempos for being used for the transportation of the said goods. Enquiries were made and it was revealed that the tempo belonging to one Shri Vakil Dodai Thakur and on whose instructions the goods were loaded and brought to Nagdevi Street, Mumbai. Both the drivers were new relief, drivers. It was revealed that the goods were loaded at A-8, Station Plaza, Station Road, Bhandup, Mumbai (W). The search on 15-10-03 of the said premises resulted in the recovery and seizure of a small quantity of ball bearings of foreign origin. 1.2 Shri Vakil, in search of his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, he learned about the seizure of the goods also that one Shri Vakil was searching for Shri Ketan. 2.1 The show cause notice was issued proposing confiscation of the ball bearings as also the two tempos used for transportation of the seized goods and penalty on the present appellant viz. Shri Vakil. 2.2 The Commissioner ordered confiscation of the ball bearings found in the two tempos and also at the gala on station road, Bhandup, since nobody claimed the same. 2.3 As regards the liability to confiscation of the two tempos and penalty on Shri Vakil the present appellant, he found as follows : I find that the vehicles bearing registration No. MH04-F-8908 and MH03-1450 were used for transportation of the above referred goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an irresponsible manner which not only aided the goods of foreign origin being illegally imported, possessed and transported but also denied the investigations clues regarding the persons involved in such operations. I am, therefore, of the opinion that Shri Vakil Dodhai Thakur is liable for penalty under Section 112 (a) and (b) of the Customs Act, 1962 . The Commissioner ordered confiscation of the two vehicles and their redemption on fine of Rs. 50,000/- and penalty of Rs. 1,00,000/- was imposed on Shri Vakil under Section 112 of the Customs Act. Hence this appeal by Shri Vakil. 3.1 After hearing both sides and considering the material on record it is found Shri Vakil as regards the interception of the two tempos as admitted in his st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... engaged for Rs. 150/- afterward I went for my residence, subsequently what was told by Shri Ketan to my driver at around 13.30 hrs. approx. Somebody called at my residence No. 25689708 Mobile No. 9869019964 and informed to my wife that both the vehicles are intercepted by some departments. From the above statement on records it is apparent that the goods were loaded in the daylight hours on 12-10-2003 when the owner of the tempo was not present. There is no material on record to indicate a knowledge on part of the owner of the tempo that goods were of foreign origin and they were of smuggled nature. The loading of the goods has been conducted from the regular gala on busy station road, Bhandup, Mumbai. When an usual business area in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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