2004 (2) TMI 528

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....hours, the BSF Officers intercepted one truck loaded with Raw Hides/Skins near Customs Ghat (General Area, Aurangabad) which is 1.5 Kms. away from the Indo-Bangladesh Border. Though the driver and other persons managed to flee away the BSF personnel recovered the Raw Hides/Skins from the truck in question, and subsequently, the goods along with the carrier truck were handed over to the Officers of Customs who on reasonable belief that the Raw Hides/Skins had been attempted for illegal export in the neighbouring country, seized the same as unclaimed by the Customs. The truck on which the goods were being transported, was also seized by the Customs. 3. On 16-8-2001, one Atibur Rahaman, the holder of power of attorney given to him&nbsp....

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.... Shri Rahaman went to the spot, but meanwhile the seizure of goods was effected by the Customs Officers. Regarding lawful movement of the truck at the point of interception by the BSF personnel, Shri Latibur Rahaman obtained statement of Prodhans of two Gram Panchayats. 4. After investigations, show cause notices were issued by the Customs to the captioned appellants, proposing confiscation of the Raw Hides/Skins under the Customs Act and for imposition of personal penalties on the appellants for their involvement transportation of Raw Hides/Skins attempted to be smuggled to the neighbouring country. The case was adjudicated by the Commissioner of Customs (Prev.), West Bengal, Kolkata by ordering absolute confiscation of the Raw Hid....

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..... The goods under question were consigned to Kolkata under cover of road challan and sales tax declaration, and that on the way to Kolkata, the BSF intercepted the truck far way from the border. The appellants lodged claim for the Raw Hides/Skins. On 14-8-2001, Md. Alatibur Rahaman himself submitted petitions to the District Magistrate of Murshidabad. He also Referred to the protest/agitation of the local public and also submitted that the skin businessmen of Beldanga blocked the National Highway-34 on 14-8-01 against the seizure. The said agitation was covered by ETV Channel and on request of the Government Officials, the blocked was withdrawn. Learned Advocate submitted that they are having clinching evidences which have neither been enqu....