TMI Blog2006 (4) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... g, Vice-President]. Heard both sides. The appellant filed this appeal against the order-in-appeal whereby the truck belonging to the appellant was confiscated and allowed to be released on payment of redemption fine of Rs one lakh. The appellant is not challenging the confiscation of the goods recovered from the truck. 2. Brief facts of the case are that on 5-10-02, 24 small plastic bags co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be traced. The contention is that as the goods of third country origin were recovered from the truck, there is no evidence or averment that the goods were lawfully imported to India. Therefore, truck along with such goods are liable for confiscation and onus of the owner of the truck to show that the vehicle was used for carrying the smuggled goods without his knowledge or the knowledge of his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e owner of the truck had tailed to prove, as required under Section 5(2) of Customs Act at the time when contraband goods were found in the truck. It is being used without the knowledge of his agent or the incharge of the said truck, therefore, the truck is liable for confiscation. In the present case also it has not been proved by the appellant that the truck has been used without the knowledge o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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