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2014 (8) TMI 126

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..... ing on behalf of the appellant argued that appellant was the Tindel of Vessel MSV Ramban which was manufactured in India and found abroad. It was his case that appellant was not aware of the contrabond nature of goods and that there is no independent evidence, except some statements, to corroborate that Red Sanders wood was kept in MSV Ramban. That allegations against the appellant are only based on the statements of Shri Kishore M. Bhanushali owner of MSV Ramban and Shri Asgar Hussain S. Subhania of Sikka. 3. Shri Manoj Kutty (AR) appearing on behalf of the Revenue made the Bench go through the statement of the appellant recorded on 21.02.2011 and 22.02.2011 as per Para 15 of the show cause notice dt.01.07.2011. He also relied upon the st .....

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..... RL 2418 which was also owned by Shri Kishorebhai; that after waiting at Porbander port for three days his owner's other vessel MSV Krishna Sudama towed his vessel MSV Ramban to Dubai; That during his first voyage from Veraval to Dubai via Porbander at that time he had loaded logs of wood which belonged to Shri Asghar a resident of his village - Sikka; that all these logs of wood which were more than 100 in number i.e. about 120 each approximately weighing 25 kgs, totally weighing 3000 kgs were brought to Veraval port from Sikka using two Tata Ace which were loaded in the vessel MSV Ramban by himself and with the help of his other seamen; that he had delivered these wooden logs to Sharjah where a person appearing like a south Indian 'Malabar .....

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..... permission from his owner Shri Kishore bhai Bhanushali or informed him about the consignment of wooden logs transported by him; that he was to deliver this consignment of logs to Shri Syed Khatal, carpenter - an Araba Sharjah but at the time of delivery a 'Malbari' came to receive the logs and on being confirmed by Asghar it was taken away by him; that he admitted that taking any wooden logs in such a large quantity without declaring the same before Customs was a crime/offence under the Customs Act and this was known to him and such crime/offence had been committed by him; that when he came with his vessel to Hamaria Port near Dubai four days back it was informed by Shri Abidbhai, representative of the owner that the logs carried by him wer .....

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