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2001 (5) TMI 370

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....hri Karnail Singh, SDR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - Appeal C/653/96 is by Carl F. Peters, the owner of the ship, is against the order of the Commissioner for confiscation of M.V. Wilma, appeal C/654/96 is by Capt. Jens Werner, the captain of the ship against penalty of Rs. 1 crore imposed under Section 112 of the Act. 2. The facts leading to the ord....

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....specific evidence showing any involvement in the smuggling by the captain or the owner. He says "Investigation conducted by the DRI as well as the statements of all the persons accused in this case have not brought forth any direct or indirect evidence to show that the ship owner or their agents are in any way concerned with the smuggling of gold in the concern." He agrees that David Macaso has no....

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.... out checks of persons coming on board the ship. When any ship is in port, a number of persons come on board in connection with various purposes for which the ship is deployed. They would include persons concerned with provisioning the ship, representative of the owner, representative of various Government agencies, some persons required to carry out repairs to the ship or equipment on it, employe....