Proof of clandestine export was insufficient, so the personal penalty was set aside and release of the claimed goods was directed.

Attempted clandestine export to Bangladesh was not proved with sufficient certainty, and the finding of only an apparent attempt indicated suspicion rather than established proof. On the available facts, the evidence was held inadequate to support the adverse order against the appellant, so the personal penalty was set aside and release of the claimed goods was directed.

---

---

Issues: Whether the personal penalty imposed on the appellant and the denial of release of the claimed goods were sustainable on the allegation of attempted clandestine export to Bangladesh.

Analysis: The material on record did not establish with sufficient certainty that the goods were intended for illegal export. The use of the expression that there was only an apparent attempt to export indicated that the finding rested on suspicion rather than proof. In the totality of the facts and circumstances, the evidence was found inadequate to sustain the adverse order against the appellant.

Conclusion: The personal penalty was set aside and the goods claimed by the appellant were directed to be released.

---