1990 (9) TMI 192

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....at order a personal penalty of Rs. 1 lakh was imposed on the appellant. The truck No. PVN 9589 belonging to the appellant was absolutely confiscated under Section 115(2) of the Customs Act, 1962. 2. The brief facts are that on 24-4-1988, acting on information the officers of D.R.I. Lucknow intercepted the loaded truck bearing No. PVN 9589 on its way to Delhi and apprehended the Driver Shri Rajendra Kumar and Jagir Singh alias Dilla, the helper of the truck. In that truck, smuggled goods of foreign origin, i.e. Ball Bearings valuing Rs. 6,63,585/- were recovered. They gave statements which are confessional in nature. They implicated the appellant. On the basis of their statement the appellant was found guilty under Section 112 of the Cust....

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....hether the absolute confiscation of the truck in question is in accordance with the law? 7. So far as the first point is concerned, the only evidence available against the appellant is the confessional statement of Driver Rajendra Kumar and helper Jagir Singh alias Dilla. They had stated that Benoy Kumar directed them to get these smuggled goods from Nepal and that Benoy Kumar had told them that he had taken the permission from the owner of the truck in question for this purpose. In the first instance, the confession of the co-accused alone is insufficient to fix liability on the appellant. The case of Sukkar Narain reported in 1986(9) ECR 574 is not applicable to the facts of this case. In that case besides the confession of the co-accu....