TMI Blog2001 (12) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... umbers of gunny bags of Silk Yarn of foreign origin. As the driver and cleaner or the other persons sitting in the truck could not produce any documents showing legal importation of the Yarns, the same were seized by the Officers. During the course of investigations, statement of Shri Basudev Banerjee, driver of the truck, was recorded, wherein he deposed that he was not a regular driver of the ve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d his involvement in the Silk Yarn and clarified that the truck in question belonged to his brother, Shri Joynarayan Dutta who also denied his knowledge about the loading of the Silk Yarn in the said truck and stated that he had directed his driver to bring sand from Sainthia and to sell the same at Karimpur. 4. I find that the show cause notices were issued to various persons proposing confisca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... halasi should know that the Yarn in question was of smuggled character. Being illiterate persons, it is not possible for the driver and the khalasi to call for the import documents and satisfy themselves about the legal character of the goods being loaded in the truck. Shri Joynarayan Dutta is the owner of the vehicle and penalty has been imposed upon him by observing that he has failed to take su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in question, have not been found sufficient by the adjudicating authority to penalise other persons named in the said statements. While exonerating the other persons, the adjudicating authority has observed that there is no independent evidence adduced by the Department. As such, it is not understood as to how the same very statement, without any independent corroboration, could be made the basis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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