1999 (9) TMI 568

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....ation, the officers of Directorate of Revenue Intelligence, Gorkhpur along with two independent witnesses intercepted truck No. DL-IG-A-2085 on 18-2-1997 at 3.45 pm at Chandaul Bazar, District Varanasi. After disclosing their identity, they apprised the driver of the truck of their intention to take search. The driver, on interrogation, disclosed his name as Sattan Rai, R/o Vill. Piprahi, P.O. Ratanpur. Similarly, the cleaner disclosed his name as Navi Lal Mehta, r/o Vill. Bhagvanpur, Distt. Supaul, Bihar. Another occupant of the truck, revealed his name as Raju Yadav. All the three were thoroughly interrogated and the truck was taken to the office of the DRI, Varanasi and on search, it was found to contain small packages of silk yarn which....

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.... Tribunal. 4. The sole ground on which the validity of the impugned order has been assailed before me by the learned counsel is that the statement of the co-accused Mithilesh Chowdhury alias Raju Yadav, could not be legally used against the appellant and as such, the impugned order deserves to be set aside. But, in my opinion, this contention of the learned counsel is devoid of any legal force. During the adjudication proceedings, appellant himself inspite of affording him number of opportunities, did not appear before the adjudicating authority, he was served with the show cause notice and he was apprised of the statement made against him by Mithilesh Chowdhury alias Raju Yadav. He only sent his reply to that notice, but did not ap....