1999 (5) TMI 254

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....,000/- (ii)  Jitender Nath Shah Rs. 40,000/- (iii) Abu Taher Rs. 50,000/- (iv) Smt. Manju Goba Rs. 50,000/- 2. Appearing for the applicants, (i) Smt. Manju Goba, (ii) Md. Ziauddin & (iii) Abu Taher, ld. Advocate Shri K.P. Dey submits that the first applicant Md. Ziauddin is a driver of the truck which was intercepted by the Customs officers and the raw-silk of foreign origin valued at Rs. 9,62,500/- was recovered from the same. Shri Abu Taher is the owner of the truck upon whom the penalty has been imposed and who had taken the truck under hire purchase agreement form Smt. Manju Goba who remains the registered owner of the truck till the completion of the hire purchase agreement. Shri Dey submits that as per ....

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....e driver, he submits that the goods were definitely loaded into the truck with his consent and knowledge. As per his statement, he was present when the goods were loaded. As regards Abu Taher, he submits that the statement of the driver is very clear and implicated Abu Taher. As per his statement; Abu Taher had masterminded the entire portion and being the owner of the truck is question, let out his truck for use of transportation of raw silk. A regards Smt. Manju Goba, he submitted that though she has sold the truck to Abu Taher under hire purchase agreement, documents of the truck was not as yet transferred in the name of Abu Taher. As such she remains the real owner of the truck in question and Abu Taher was only a defecto owner who was ....