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of <h1>Appeal dismissed due to appellant's demise in smuggling case. Tribunal emphasizes fair trial procedures.</h1> <h3>Shri Subhas Agarwal, Shri Partho Ghosh Versus Commissioner of Customs (Prev.), West Bengal, Kolkata</h3> Shri Subhas Agarwal, Shri Partho Ghosh Versus Commissioner of Customs (Prev.), West Bengal, Kolkata - TMI Issues:1. Abatement of appeal due to death of appellant2. Allegations of smuggling and penalty impositionAbatement of Appeal:In the judgment, it was noted that the appellant, Partho Ghosh, had passed away, leading to the abatement of the appeal. The death was confirmed through documents filed, including a death certificate issued by the Indian High Commission. The tribunal emphasized that penalty proceedings are quasi-criminal in nature and that such sentences cease with the demise of the accused. Consequently, the appeal of the deceased appellant was dismissed as abated.Allegations of Smuggling and Penalty Imposition:The case involved an incident where an individual was apprehended with US $60,000 concealed on his person, allegedly attempting to smuggle it out of India. The individual implicated the appellant, stating that the money was given by the appellant to be delivered to another party in Bangladesh. The Adjudicating Authority confiscated the currency and imposed penalties under various sections of the Customs Act, 1962. The appellant contended that he was not involved in the seized currency and raised issues regarding the lack of cross-examination of witnesses and discrepancies in the adjudication process. The appellant's counsel argued that the penalty imposed was not justified as the allegations did not pertain to improper importation of goods, as specified in the relevant sections. The tribunal found merit in the appellant's contentions, highlighting the need for a fair trial and the opportunity for cross-examination. Consequently, the matter was remanded back to the original authority for a reevaluation, ensuring a reasonable opportunity for the appellant to present his case.In conclusion, the judgment addressed the abatement of the appeal due to the appellant's demise and delved into the complexities of allegations related to smuggling and penalty imposition, emphasizing the importance of fair trial procedures and the right to cross-examination in such quasi-criminal proceedings.
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