2014 (9) TMI 101

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....tel nuts 2,00,000/-   2)   MD. AFTAB AHMED   Husband of Smt. Sahana Khatun 1,00,000/-   3)   SH. RAJESH GUPTA   Occupant of the TRAVERA Vehicle 2,00,000/-   4)   SH. PRABIR KUMAR THAKUR Owner of the TRAVERA Vehicle 1,00,000/-   5)   SH. BIKASH PAUL   Driver of the TRAVERA Vehicle 25,000/-     2. At the outset, ld. Advocate for the Applicants submits that the Customs Authorities had seized betel nuts weighing totally 19,904 Kgs.(311 bags) valued at Rs. 15,92,320/-, on 08.06.2011/ 09.06.2011, loaded on a truck accompanied by a TRAVERA Vehicle, on the reasonable belief that the said betel....

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....t No.(5) being driver of the TRAVERA Vehicle, is incorrect, since no statement was recorded from the Applicant No.(5). 3. Per contra, ld. AR for the Revenue does not dispute the execution of the Bank Guarantees by the aforesaid Applicant No.(1) & No.(4). However, he submits that not only there were circumstances under which the TRAVERA Vehicle was detained by the local police along with the Truck carrying the betel nuts, to establish that the goods in question were smuggled or illicitly brought into India from the third country, but also there were ample evidences to establish that the goods in question, were of third country origin and were smuggled into India. The ld. AR mainly referred to the oral evidence of the Applicant No.(3) bein....