TMI Blog1981 (9) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... he bearer of the Captain Dehyadre brought a suit case near the car which the petitioner kept in the boot of the car. While the petitioner was waiting near the car, the Customs authorities raided the car and on opening the dicky and the suit case it was noticed that the suit case contained large number of contraband articles including nine liquor bottles. Apart from the suit case, in the dicky two cameras and projectors were noticed. The Customs Authorities seized the goods and prosecuted the petitioner and Dehyadre in the Criminal Court. In the Criminal Court both the petitioner and Dedyadre were acquitted. 2. The Customs Authorities commenced proceedings to confiscate the contraband goods as well as the car by service of show cause notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eyance or animal used as a means of transport in the smuggling of any goods or in the Carriage of any smuggled goods shall be liable to confiscation, unless the owner of the conveyance or animal proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal and that each of them had taken all such precautions against such use as are for the time being specified in the rules : Provided that where any such conveyance is used for the carriage of goods or passengers for hire, the owner of any conveyance shall be given an option to pay in lieu of the confiscation of the conveyance a fine not exceeding the market price of the goods which are sought to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was waiting for the captain to come, but the captain did not turn up and while he was waiting the Customs authorities raided the car. It is difficult to accept the claim made by the petitioner. The suit case containing large number of contraband articles, as mentioned in the panchanama, copy of which is annexed as Exp. A, must be pretty heavy and any person familiar with the surroundings of the Customs area and the dock area would have been put on guard to enquire as to what the contents are. Apart from this circumstance, the petitioner had kept two cameras and projector also in the dicky of the car and that is indicative of the feet that the petitioner was fully conscious of the material which he was carrying for his friend. In these cir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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