Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2008 (10) TMI 461

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....President]. - Heard ld. DR. None appeared on behalf of the respondent even notice to the respondent was served through Supdt., Central Jail, Ludhiana. In these circumstances, the appeal is being taken up in the absence of the respondent. 2. The Revenue filed this appeal against the impugned order whereby the proceeding initiated under show-cause notice for imposition of penalty under Secti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Singh, S/o Madan Mohan Singh, R/o Jathol, District Amritsar on the direction of Ashraf in Pakistan. The adjudicating authority confiscated the heroin and fake Indian currency also a Maruti Van and imposed the penalties on Harbhajan Singh, Tarsem Singh and Jasbir Singh. The adjudicating authority dropped the proceedings against the present respondent. 4. The contention of the Revenue is that....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....atement recorded under Section 161 of Criminal Procedure Code. Therefore, it is a material piece of evidence collected by Customs officials under Section 108 of the Customs Act and that the material can certainty be used to connect the offender in the contravention of the Customs Act. 5.  In this case, heroin, arms and ammunition including RDX and fake currency was recovered from the car, th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Therefore, it is a material piece of evidence collected by Customs officials under Section 108 of the Customs Act. That material incriminates the petitioner inculpating him in the contravention of the provisions of the Customs Act. The material can certainly be used to connect the petitioner in the contravention inasmuch as Mr. Dudani's statement clearly inculpates not only himself but also the p....