1998 (11) TMI 187

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....eev Srivastava, JDR, for the Respondent. [Order per : P.C. Jain, Member (T)]. -  Relevant facts for the disposal of these two matters are as follows :- 2. The appellants herein are the owners of two buses. While the buses were coming back from Nepal with passengers therein, smuggled goods worth Rs. 15 lakhs (approximate) in each bus were found. 3. It has come on record t....

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....bove but all these were loaded forcibly by the tour organiser Salim Chhipa. It is therefore Salim Chhipa who is responsible for carrying smuggled goods. Therefore is absolutely no evidence that the owner of the buses or the drivers and conductors were concerned with the carriage of the said goods. Since the buses have been given on hire to Salim Chhipa, the drivers and conductors of the two buses ....

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.... in view of the wording of the Section 115 (1) of the Customs Act, 1962 inasmuch as the buses have been used for carrying the smuggled goods from Nepal to India. 6. We observe at this stage that confiscation of the buses without any option to redeem them on payment of fine in lieu of confiscation is undoubtedly - illegal. The owners of the buses should have been given the option to redeem ....