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2015 (9) TMI 1453 - CESTAT NEW DELHI

2015 (9) TMI 1453 - CESTAT NEW DELHI - TMI - Levy of penalty for abetment - involvement of smuggling of goods- 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. - Held that:- The appellant is manager of M/s Quick Clearing Agency, CHA and a partner in M/s PH Logistics in which the other partner was Mr. Narendra Singh. He directly and actively participated in the smuggling i .....

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009-CU[DB] - Final Order No.53818/2015 - Dated:- 23-9-2015 - G. Raghuram, President And Mr. R.K. Singh, Member (Technical) None for the appellant Mr. Ranjan Khanna, DR for the respondent ORDER Per Mr. R.K. Singh Appeal has been filed against 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 .....

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under the gate pass of some other garments. As such, a team of Preventive Officers rushed to ICD, TKD, and traced out the said container near petrol pump, opposite canteen located in the import shed of ICD, TKD. The aforesaid trucks were 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 exi .....

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ellant has essentially contended that he was an employee of M/s. Quick Clear Agency, holding CHA licence and was looking after only office work. He was falsely implicated in the matter. He had nothing to do with the smuggling and had retracted his statement. 5. We have perused the records. The appellant is manager of M/s Quick Clearing Agency, CHA and a partner in M/s PH Logistics in which the other partner was Mr. Narendra Singh. He directly and actively participated in the smuggling in this ca .....

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