2000 (8) TMI 346

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...., for the Respondent. [Order]. - The appeal is against the order of the Commissioner confiscating the ship M.V. Vasility Vereshchecin under Section 115(2) of the Act and permitted its redemption on payment of fine of Rs. 3 lakhs and imposing penalty of Rs. 1 lakh on the appellant who was the agent of the master of the vessel. 2. The Collector has found that the ship carried 13 motor ....

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....surrendered to the customs. The owners of four of these cars were not present on the ship because they left Bulgus after they arranged to meet the ship at Vladivostok. Therefore, the master of the vessel has behaved bona fide through out in respect of these cars, the presence of which at Alang was on account of factor beyond his control. There is therefore no case for confiscation or penalty. 4....