TMI Blog2017 (4) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... ident And Shri Devender Singh, Member (Technical) Sri T. Hussain, Advocate for the Petitioner Sri S. Dasgupta, D.C. (A.R.) for the Respondent ORDER Per: Shri ( Dr. ) Satish Chandra Both the appeals have been filed against the Order-in-Original No.KOL/CUS/PORT/29/2012 dated-03/02/2012 passed by the Commissioner of Customs (Preventive) Kolkata). 2. By the impugned order, the penalties on the appellant Shri Sanjoy from Bhutan ( ₹ 5.00 Lakhs ); and/on Sri B.R.B. Roy (Rs.10.00 Lakhs) were imposed. The penalties were also imposed on the other persons but either they have not filed any appeal or are not available before us. Hence, we are adjudicating the present appeals filed by Sri Sanjoy and Shri B.R.B. Roy aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking was engaged for taking the goods to the Haldia Dock Complex. They also acted as Customs House Agent. It is alleged that the consignment were checked by both the officers of Royal Bhutan Customs and Indian Customs before sealing the containers. A report has been received from Royal Bhutan Customs. In the said report, it was mentioned that both the containers were exported by M/s. Druk Wongden Export against the Bank of Bhutan wire payment. In the voluntary statement Shri Bappa Misra, Jr. officer (Cargo) of Balmer Lawrie Co. stated that job was assigned to them by one Sri Sanjoy. The statement of Shri Bappa Mishra, Junior Officer Cargo of Balmer Lawrie Co. was recorded under Section 108 of the Customs Act on 09/05/2007. In his volu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alties were imposed on various persons who were involved in the smuggling. Out of accused persons, only two appellants have filed the present appeals. 7. With this background, we heard Shri T. Hussain, Advocate for Sl. No.2 and Shri S. Dasgupta, D.C. (A.R.) for the Revenue. 8. From the record, it appears that Shri Bappa Misra, Junior Officer (Cargo) of Balmer Lawrie Co., the CHA whose statement was recorded under Section 108 of the Customs Act on 09/05/07. In his voluntary statement, Shri Misra stated interalia that they had arranged two containers bearing No. BLJU 2052531 SSMU 2965405 from Albatross Shipping Co. for export to Singapore, that as per his knowledge Sri Sanjoy is from UP and working with Jamphel Clearing Logistics, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... number. He made contact with Sri Sanjoy and Mr.W. Wangdi, M.D. of Jamphel Clearing Logistics after the incident and they agreed to help in the investigation, that out of the 12 number of containers already sailed, 02 number containers were since delivered. Container number BLJU 2970244 BLSU 2551464 were reached Port Kelang but probably had not been delivered, that they had already given direction to the container agent not to deliver the containers and for making arrangements for taking back the same to India, that he would make contact with their agent in Singapore and Malaysia to get the information about who took delivery of the containers already delivered and when ; that they had never received any complaint regarding delivery of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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