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2017 (5) TMI 739

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..... ddresses. Under the circumstance, his connivance with the owners/consignors of the illegally imported foreign goods for transportation of the same through India post cannot be refuted with conviction - Md. Riyajuddin knowingly booked the animal hides as Logistic post so as to enable Md. Jaidur Rahman to transport the same illegally to Kolkata - confiscation upheld. Regarding the imposition of penalty on Shri Riyajuddin and the submissions made by the Ld. Advocate, the penalty reduced to the tune of ₹ 25,000/- on Md. Riyajuddin. In the case of Md. Abdus Sattar, no option has been given by the Adjudicating authority to redeem the confiscated goods and considering the habitual offences committed by the appellant, penalty upheld. Ap .....

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..... t, 1962 on the appellants amongst others as under: a) Md. Riyajuddin -- ₹ 50,000.00 (Rupees Fifty Thousand) only on Md. Riyajuddin, In-Charge, India Post Cargo Service, GPO Imphal under Section 117 of the Customs Act, 1962 for booking the parcels without checking the addresses of consignee. b) Md. Abdus Sattar, General Manager, M/s. Letraco Kid Leather, Kolkata---₹ 50,000.00 (Rupees Fifty Thousand) only being the consignee of the said animal hides under Section 112 of the Customs Act, 1962. 2. Ld. Advocate Ms. Debi Parbat appeared on behalf of the appellant Md. Riyajuddin who is In-Charge, India Post Cargo Service, GPO, Imphal and none appeared for Md. Abdul Sattar. Ld. Advocate contended that The postal staff canno .....

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..... egally imported foreign goods for transportation of the same through India post cannot be refuted with conviction. In his submissions too he has not been able to clarify and bring on record why he has booked the goods when the consignors furnished addresses that obviously were incomplete. None of the addresses have details like street name; house number etc. and one need not be a trained postal staff to infer that these are fake. It is obvious that he knowingly considered recording of addresses in airway bills that are fictitious/incomplete to shield the owners of the impugned goods i.e. smuggled cigarettes, shoes and lady's inner wear from penal actions. In addition I find that he booked animal hides for transportation by air cargo on .....

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