1994 (10) TMI 170

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....gal documents and the same have been allowed redemption on a redemption fine of Rs. 50,000/- and a penalty of Rs. 25,000/- has been levied on Shri Hassan Baramy and Rs. 15,000/- on Shri Abdullah Baramy and Rs. 5,000/- on Shri Siddique, the 3 appellants herein, under Section 114(1) of the Customs Act. 2. The redemption has been allowed to M/s. Hajee P.V. Mohammad Baramy & Sons, being the owner of the vessel MSV Fatch Rahman, on which the goods were found loaded. There is no appeal, it is seen from the records, filed by the firm. The appeals are therefore in respect of the penalty levied on the 3 individuals mentioned above. 3. The learned Advocate for the appellants has pleaded that the vessel MSV Fatch Rahman belonged to M/s....

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....goods loaded did not belong to Shri Koya. The said statements were retracted on 3-5-1991, after one day of the recording of the same. He therefore pleaded that the penalty on the appellants should be set aside. 4. The learned JDR has pleaded that an ingenious attempt was made to export teak wood planks without the cover of any valid legal documents and against the shipping bill which belonged to somebody else and in respect of which different goods had already been entered in the harbour. These 126 bundles were sought to be shipped against the shipping bill filed by Shri Koya in the belief that they will be able to get away with this ruse played. He has pleaded that there is no reason why Shri Koya would disown the goods which actua....