2005 (4) TMI 506

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....this appeal, the appellants have questioned the validity of the part of the impugned order vide which the Commissioner of Customs had directed the forfeiture of their bank guarantee furnished to the Department under the Courier Imports & Export (Clearance) Regulations, 1998. 2. I have heard both sides and gone through the record. The bare perusal of the record shows that the appellant is a f....

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.... (Clearance) Regulations, 1998. The registration of the appellant's firm was also suspended during the pendency of the adjudication proceedings. 3. After conclusion of the evidence, the adjudicating authority i.e. Commissioner, at page 11 of the impugned order has observed as under : From the above facts and discussions, reply submitted by the party and disclosures made at the time of perso....

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....igence on their part as courier, in selecting their importing client and as such did not merit total exoneration. But after having made the above said observations in favour of the appellants and even revoked the suspension of their registration, no such punitive order directing the forfeiture of the bank guarantee furnished by the appellant's firm, could be passed legally. When no nexus was found....