2010 (7) TMI 850

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....an appeal by the department against the order of the Commissioner (Appeals) No. 08-CUS/MRT II/2009 dated 26-10-2009. 2. Heard the learned SDR who reiterates the grounds of appeal. Heard the learned Advocate for the respondents. 3. This is rather a strange case in which gold jewellery valued Rs. 4,91,336/- and Indian currency amounting to Rs. 2,87,000/- were stolen by a Nepalese servant from the ....

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....ion. 5. Learned Advocate submits that one of the accomplish Shri Badri Prasad has been convicted for burglary under Section 411 of IPC. The offence, if any, relating to the goods under Customs Act is neither with the knowledge nor with any intention on the part of owner of the goods and therefore, he seeks upholding the order of the Commissioner (Appeals). 6. No doubt that there was attempt to e....