2004 (5) TMI 476

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Respondent. [Order]. - Heard both sides. 2. The applicant filed this appeal against the adjudication order passed by the Commissioner of Customs whereby a penalty of Rs. 2 lakhs was imposed under Section 112 of Customs Act. The brief facts of the case are that on 6-1-96 a truck was intercepted by the Customs officers and from the truck a total 39,850 Kgs. of Heroin of Pakistan origin was ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Hon'ble Punjab and Haryana High Court the appellant was acquitted on the ground that there was no evidence against the appellant. The contention of the appellant is that statement recorded by the Customs officers was under duress as the appellant was in the custody of the Customs at that time. 4. The contention of the appellant is also that due to recovery of heroin he had undergone an im....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ned, we find force in the arguments advanced by Mr. Chhabra. Admittedly, he was not nabbed at the spot along with his three co-accused, namely Ajaib Singh, Gurmej Singh and Satnam Singh. No recovery had been effected from him. He was subsequently arrested through warrants of arrest obtained from the concerned Court after his co-accused had made statements before the customs officials showing his i....