2013 (11) TMI 82

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.... JUDGEMENT Per D.N. Panda; Learned Counsel Shri Jha vehemently opposes the adjudication on the ground that truck owner of Baba Devpuri Road Carriers was not aware of modus operandi of FCLTPL and HPL about details of 15,000 kgs. of Polyster chips cleared. What was the document given to the carrier was for 3,000 kgs. for carrying the goods and why 15,000 kgs. Polyster chips were loaded in the....

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....bited 3000 kgs. of Polyster Chips was consigned by M/s. FCLTPL Malanpur to HPL. Undisputedly when the carrier owner received transport cost for 15000 kgs. nothing can be said that owner of the carrier was innocent to occasion movement of extra 12,000 kgs. of Polyster chips unaccounted and loaded in their truck for delivery to HPL. Innocence cannot be also appreciated when the offending vehicle car....

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.... as the value of truck was Rs. 3,75,000/-. It would, therefore, be proper to impose a fine of Rs. 56,000/- which is nearly 15% of the value of truck. 6. So far as penalty of Rs. 40,000/- on M/s. Baba Devpuri Road Carriers is concerned, that is reduced to Rs. 30,000/-. Baba Devpuri Road Carriers being a proprietory concern levy of further penalty of Rs. 10,000/- on Shri Tapeshwer Singh, propriet....