1991 (8) TMI 206

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t. [Order per: T.P. Nambiar, Member (Judicial)]. - This is an appeal filed by the appellant against the order passed by the learned Additional Collector of Customs (P) Calcutta vide order No. 109/Cus/WB/89 dated 29-9-1989. In terms of that order, he imposed a penalty of Rs. 1,500/- on the appellant under Section 112(b) of the Customs Act. 2. This case pertains to a seizure of foreign medi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....out knowing the contents. He also stated that, when the officers summoned him on 8-2-1989 he has mentioned this fact. He also contended that in reply to the show cause notice he had mentioned the same. He contended that the first statement given by the appellant is not a correct statement. That was given on 24-10-1988. He, therefore, contended that the appellant had no mens rea and the imposition ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rther admitted that he agreed to carry with him two gunny bags containing medicinal powder on monetary consideration of Rs. 75.00; that he settled the hire charge of Rs. 400.00 with the driver of the truck under seizure; that one Sri Badrul Haque gave him Rs. 400 for transportation charge by the truck and Rs.100.00 for his required expenses. I have also considered his 2nd submission made in his su....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tating that he knew that this was foreign medicinal powder, and one Sri Badrul Haque was the owner of the same. He also stated in that statement that he had taken an amount of Rs. 500/- for transporting the same. This statement was retracted by him only on 8-2-1989. There is nothing to show that this statement was extracted from him by using force. The learned Collector, therefore, had correctly s....