2006 (1) TMI 494

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..... peal is against the confiscation of the conveyance with an option to redeem the same on payment of redemption line of Rs. 20,000/- to the owner of the Jeep. The Customs authorities intercepted a Jeep bearing registration No. RJ-2C-0560 and found contraband goods in the Jeep. The driver of the Jeep in his statement has stated that he did not have any knowledge what was loaded in the Jeep. The state .....

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..... s not aware of the contents of the goods carried. The driver also in his statement has stated that he was not aware of the contents of the packages. The owner of the Jeep contends that he had purchased the Jeep for earning his livelihood by transporting the people and that when the customs authorities intercepted Jeep, he was not present in the Jeep. This is not disputed by the Revenue. In the abs .....

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..... of any evidence that the owner and driver of the vehicle was in knowledge of the smuggled nature of the goods the vehicle is not liable for confiscation. In this case also, both the driver and the owner of the Jeep have categorically denied any knowledge of the smuggled nature of the goods and the department has not produced any evidence indicating contrary. 4. In view of the above, the impu .....

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