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2003 (7) TMI 219

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..... dication order where the penalty of Rs. 1,50,00,000/- each was imposed under Section 112(b) of the Customs Act, 1962. 2. Brief facts of the case are that Shri A.K. Jain, Proprietor of M/s. Meerut Exim made import of Ball Bearings and got the same cleared by misdeclaring the value and quantity to evade customs duty. The imported Ball Bearings were stored in the premises of M/s. Dooab Exim. The Bal .....

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..... the appellant is that the Ball Bearings in question were imported by Shri A.K. Jain and the present appellants were not aware of the nature of the goods. In the case of Shri Trilok Nath Mittal, the contention of the learned Counsel is that the goods were never received by him nor he had dealt with the Ball Bearings in question in any manner which make him liable for penal action under Section 112 .....

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..... harbouring, keeping, concealing, selling or purchasing or in any manner dealing with the goods which he knows or has reason to believe, shall be liable for penalty. The allegation against Shri Trilok Nath Mittal is that he was to acquire the possession of the goods in question for further sale in the market. There is no allegation that he has acquired possession. In these circumstances, we find t .....

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