2000 (1) TMI 437

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....ding the dispute in this appeal are as follows : On 9-4-1997, goods vehicle bearing Registration No.UP-77/9521 was found moving along Lucknow-Barabanki Road towards Lucknow. Officers of DRI signalled the tanker lorry to stop. The driver tried to escape at higher speed. After a hot chase for about 5 Kms. the officers could bring the vehicle to stop. One of the occupants of the truck, later identified as Mannu Khan, cleaner of the vehicle, jumped out of the tanker and tried to make his escape. Officers of the DRI could foil his attempt to escape. Driver of the truck, Rajendra Prasad and Mannu Khan were questioned. They admitted that the front two compartments of the tanker were loaded with small cardamom and medicinal powder. They were bei....

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....forth a plea that he is innocent of these transactions. Thereafter, show cause notice was issued calling upon him to state why penalty should not be imposed on him for having violated the provisions contained in Section 111(d) of the Customs Act. Appellant submitted his written objection and represented the case before the adjudicating authority. After hearing the representation and after going through the written objection, the adjudicating authority by final order dated 29-6-1998 imposed a penalty of Rs. 1,00,000 under Section 112(b) of the Customs Act for having violated the provisions of Section 111(d) of the Customs Act. Hence this appeal. 4. The fact that contraband goods worth more than Rs. 12 Lacs were being brought to Kanpu....

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....90900 was installed at his residence. Even though he stated that all and sundry had access to the phone installed in his residence, the authorities did not accept the same for it was installed in the residential house of a Muslim where Muslim ladies were also staying. The fact that the No. of the phone which was given was installed in the residential building shows that Abdul Salam mentioned herein could be no one other than the appellant. There cannot be any doubt about the identity of Abdul Salam. Rajendra Prasad who is a native of Kanpur could not have entertained doubt regarding the identity of Abdul Salam either. So the contention raised by the learned Counsel representing the appellant that the identity of his client was not proper....