TMI Blog2010 (2) TMI 1048X X X X Extracts X X X X X X X X Extracts X X X X ..... ter there is no material on record to come to the conclusion that the appellant had in any way abetted the offence in attempting to illegally export Red Sander Wood Logs - penalty u/s 114(1) set aside - appeal allowed - decided in favor of appellant. - C/104/2007 - Final Order No. 249/2010 - Dated:- 26-2-2010 - Ms. Jyoti Balasundaram, J. Dr. Sunitha Sundar, Advocate, for the Appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were found to be intact. On opening the container, Red Sander Logs were found stacked instead of the declared cargo. The container was found to have been delivered to M/s. Skyline Shipping Logistics (the appellants herein) for the export of Feldspar to Hong Kong on the ongoing vessel. A statement of the Manager of the appellant was recorded on 6-7-2005 in which he stated that one Shri Siva, who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e authorized CHA on the basis of bogus export documents in the name of M/s. Maheswari Exports, Salem; the declared cargo was removed enroute to the harbour at an unknown place and the prohibited cargo of Red Sander Logs was substituted. The Red Sander was alleged to be liable to confiscation along with container used therefor and the trailer, and M/s. PIL (India) Pvt. Ltd., and M/s. Skyline Shippi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with an option of redemption on payment of a fine and also imposed penalties on all the noticees. The penalty on the present appellant is Rs. 50,000/-. 2. I have heard both sides on the appeal of the appellant against imposition of penalty. Except for a finding that the appellants supplied the empty containers to M/s. Skyline Shipping and Logistics Pvt. Ltd. without any requisition from the CHA ..... X X X X Extracts X X X X X X X X Extracts X X X X
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