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2016 (1) TMI 1050 - CESTAT NEW DELHI

2016 (1) TMI 1050 - CESTAT NEW DELHI - TMI - Levy of penalty on G-cardholder of M/s. Quick Clear Agency, holder of CHA licence - involvement in smuggling of goods - appellant contended that he was compelled to give statement under Section 108 of the Customs Act, 1962 which he retracted. He had nothing to do with the smuggling of the impugned goods. - Held that:- a bald retraction without any evidence of threat or coercion does not take away the evidentiary value of a statement recorded under Sec .....

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st order-in-original dated 12.12.2009, which upheld order-in-original dated 20.08.2009, in terms of which penalty of ₹ 1 lakh was imposed on the appellant. 2. The brief facts of the case are that on 27.02.2007 specific intelligence was allegedly gathered by Customs to the effect that (i) intact garments in the name of old completely pre-mutilated garments would be fraudulently cleared from ICD, Tughlakabad (TKD), even without examination by Customs Authority. (ii) The location of the impug .....

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also found parked nearby the subject container out of which one truck was already fully loaded with the bales and the second truck was in the process of being loaded. Surveillance was kept. After loading of the second truck both the trucks moved towards the exit gate and were intercepted by Customs officers. On being asked, the drivers of both the trucks, confirmed that they had got the said goods loaded from the impugned container. Further, they informed that they were not having any document r .....

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