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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.
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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