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        Customs

        Penalty on the truck driver for diverting containers in an...

        In rem liability of a conveyance survives absent owner penalty, while driver penalty for diversion of smuggled goods stands.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Penalty on the truck driver for diverting containers in an attempted smuggling of red sanders was sustained because the driver was found actively involved, and the penalty was considered already meagre. Redemption fine on the conveyance remained maintainable despite no personal penalty on the truck owner, as proceedings against the vehicle are in rem and distinct from personal action against its owner. However, the owner's non-involvement in the show-cause proceedings and the overall circumstances supported reduction of the redemption fine. The appeal was partly allowed to that extent.
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