2001 (12) TMI 370

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....dent. [Order]. - On 23-10-93, the Customs Officers at Varanasi, intercepted and detained 20 bags of the scrap of foreign origin at Mirzapur Railway Station from 4083 UP Mahananda Express train. These bags contained copper scrap marked with the inscription 'China' and 'Britain' etc. On reasonable belief that the scrap was smuggled, the Customs Officers seized the same. On weighment the scrap ....

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....; that they had procured the scrap locally and the same was of Indian origin. A show cause notice dated 15-4-94 was issued to Shri Ganesh Prasad and the aforesaid four persons to show cause why the said scrap should not be confiscated and why penalty should not be imposed upon them. On consideration of the case of the noticee-parties, the Deputy Commissioner, Lucknow vide his order dated 18-9-98 o....

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....e markings 'China' and 'Britain' etc. on some parts of it in itself would not make it of foreign origin much less its being smuggled. It is contended that the only ground on which the said goods have been held to be contraband is that it was claimed after over a period of one month of its seizure. It is argued that when the appellant came to know that his goods have been seized, he approached the ....

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....ce in them. There are no findings either in the orders of the original authority and that of the appellate authority against the submissions that the scrap was purchased from some dealers at Forbesganj and the same was despatched by rail to him by the said dealers. On verification by the customs authority, the said dealers admitted that the same had been despatched by them to the appellant. Mere m....