Judge sets aside order, allows appeals, grants benefits. Insufficient evidence for illegal export. Sugar intended for internal transport. The judge set aside the impugned order and allowed the appeals in favor of the appellants, granting them consequential benefits. The court found ...
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Judge sets aside order, allows appeals, grants benefits. Insufficient evidence for illegal export. Sugar intended for internal transport.
The judge set aside the impugned order and allowed the appeals in favor of the appellants, granting them consequential benefits. The court found insufficient evidence to prove attempted illegal export of sugar, noting the presence of documents with the driver and subsequent submission of documents by one of the appellants. The judge concluded that the sugar was intended for internal transport, not for export, as claimed by the appellants, who held a dealership license and were transporting the sugar to their own shop.
The Lower Appellate Authority upheld the original order finding "adequate physical/circumstantial evidence regarding attempted exports in an illicit manner." The authority's reasons included: (1) seizure near the international border (2.5 kms.) at 20:00 hrs.; (2) "Transportation of large quantity of sugar without any valid documents in border area and without any possibility of any commercial transaction" as circumstantial evidence; (3) apprehended persons "could not produce any licit document/papers regarding lawful possession/transportation/exportation" at interception; and (4) a claimant's petition lacked "cogent evidence on record regarding legal ownership of said goods." On appeal, it was contended the consignment was inland domestic transport by a licensed dealer and that documents were carried (some allegedly seized by BSF and some later produced). The tribunal observed the show-cause notice and subsequent claim acknowledged documents, and the impugned order failed to consider them. Concluding "no case has been made out to prove attempt to export sugar," the tribunal set aside the orders and allowed the appeals with consequential benefits.
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