2003 (10) TMI 462

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....Pushkarna, JDR, for the Respondent. [Order]. - The appellants in this case are the transporters. This appeal is directed against the imposition of penalty of Rs. 1 lakh by the Commissioner of Customs (Gen.). The ld. Commissioner had in his impugned order observed that, the appellant (transporter) had wilfully acquired possession and were knowingly concerned in carrying, removing, harbouring,....

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....28 dated 27-10-2001 through M/s. Calcutta Ahmedabad Carrier, Kanakia, near Union Bank, Jetpur, Surat. On the GR, the description of goods was mentioned as "cloth" and the name of the consignee was mentioned as "SELF". M/s Calcutta Ahmedabad Carrier, Delhi had already delivered 46 pkgs. to the consignee, before the visit of the Preventive Officers, and the remaining 86 pkgs. were detained for furth....

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....pellants. The appellants are aggrieved against the imposition of penalty, and they have not challenged the confiscation of the goods. 2. The appellant's submission in brief is that, they being a public carrier, it was not possible for them to know the contraband nature of the goods, which have been booked by an unknown party. If they had such prior knowledge, they could have disposed off t....

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....whom they allegedly did not know, despite the fact that, there had been neither any duty paying document or any other document showing lawful imports of the goods of foreign origin or lawful dispatch from a supplier. 3. I am unable to support the finding arrived at by the ld. Commissioner. The carrier has to proceed on the basis of a declaration. It is true that the carrier ought to have o....