9911796707
TMI Blog2008 (7) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the provisions of Section 125 of the Customs Act, 1962. 3. After hearing both sides for some time on the stay petition, I find that the issue involved in this case is in a narrow compass. Hence after waiving the pre-deposit of the amounts of penalty involved and redemption fine imposed, I take up the appeal itself for disposal. 4. The issue involved in this case is regarding the confiscation of consignment of toothbrushes, diapers and plastic bowls which were used for concealing wrist watches. The undisputed facts are, that consignments of toothbrushes, diapers and plastic bowls were used for concealing wrist watches and the applicant before me i.e. Shri Mohammed Gouse Kareem had brought imported this consignment along with him. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icence of M/s. A. Abba & Sons (11/396). Investigations also revealed that Shri Ramesh Pandey who it has been established, is a habitual offender, operating and using different CHA licences, in the past, agreed to arrange clearance of the present consignment on payment of Rs. 1 Lakh over and above the receipted charges. The above position has been further substantiated by the admitted statement of Shri Ramesh Pandey who stated that the invoice and packing list were prepared by him from a Data Processing Centre. And in his subsequent statement, he reiterated to have furnished lower values in the blank letter heads of suppliers provided to him by Shri Mohd. Gouse. Thus in the subsequent statement Shri Ramesh Pandey admitted that the invoice an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aside the penalty and reduction of redemption fine. 5. Shri N.D. George appearing on behalf of the appellant Shri Ramesh Pandey (CHA) submits that the penalty imposed on him is not correct it is on record that Mr. Mohammed Imran Arif Chasmawala who was the main importer and Shri Mohammed Gouse Kareem had clearly stated that the CHA was not aware of the concealment of such consignment. 6. Ld. SDR would submit that this is a very clear case wherein smuggling was effected by the CHA and the importer, acting in collusion. He submits that the entire records indicate that if these goods would not have been intercepted, then the consignment of wrist watches concealed by toothbrushes, diapers and plastic bowls would have been cleared and there wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, diapers and plastic bowls. It is on record that the importer Shri Mohammed Gouse Kareem had been paid an amount of Rs. 2 lakhs for previous consignment. As regard the CHA, I find that the role of CHA is not being disputed. In my considered view, the penalties imposed on both the appellants are liable to be upheld. Considering the fact that the goods which have been sought to be confiscated by the authorities, and considering the provisions of Section 112 of the Act, the penalty imposed on the appellants are very harsh and excessive. In order to meet the ends of justice the penalties imposed on Shri Mohammed Gouse Kareem under the provisions of Section 112 is reduced to Rs. 2 lakhs (Rupees two lakhs only) and the penalty imposed on Shri R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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