1998 (1) TMI 316

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....taining textiles and Shri Tarsem Singh was driver and Shri Sukha Singh was its cleaner. On a search of the contents of the truck revealed 151 packages of textiles of foreign origin valued at Rs. 23,23,771/- which was seized for action under Customs Act, 1962 as the driver and the cleaner could not produce any documents regarding their licit import in to the country. Statements of driver Shri Tarsem Singh has recorded on the same day and on following 2 days. He said that the truck belonged to Mr. Gurmit Singh and that on 23-3-1986 as per instructions of Mr. Gurmit Singh he left in the truck with the Appellant and Mr. Sukha Singh, the cleaner to do a job as directed by the Appellant and for this he was promised Rs. 1,000/-. He further stated ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....9-1986 and considering the defence reply the Additional Commissioner of Customs (Preventive), Mumbai passed the impugned order confiscating absolutely the textile packages under Section 111(d) of the Customs Act. The trucks used in transport was also confiscated with a redemption fine of Rs. 50,000/-. Penalty of Rs. 1,00,000/- was imposed on the Appellant. The present appeal has been filed against this order. 2. The ld. Counsel Shri S.R. Saudagar appearing for the Appellant submitted that the Appellant was not at all concerned with the goods under confiscation. The Appellant cannot be penalised only on the statement of the co-accused in the case without any corroborating material. There is no direct evidence connecting the Appellant....