2014 (11) TMI 786

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.....00 lakh and Rs. 1.00 lakh respectively on Shri V.Z. Kapmawia and Shri Ashok Kumar Agarwala, Proprietor of M/s. Bharti Traders, Jaipur, Rajasthan, imposed under Section 114 of the Customs Act, 1944. 3. We find that the issue involved in the present case relates to smuggling of red sanders. After analyzing the evidences against the aforesaid Applicants, the ld. Commissioner has recorded a finding at paras 8.5. and 8.6 of the impugned Order, which read as follows:-           8.5. Shri V.l. Kapmawia, claimant of the seized 310 red sanders wood logs admitted before the DRI officers that he had intention to send the entire consignment of red sanders wood logs, zarda and MOP fertilizer to Myanmar....

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....Mizoram, through various states without transit permit as well as by mis-declaration at the check-gates for smuggling to Myanmar. I therefore find Shri V.Z. Kapmawia liable to penalty under Section 114 of the Customs Act, 1962. 8.6. Shri Ashok Kumar Agarwal alias Ajoy, proprietor of M/s Bharti Traders, Jaipur, Rajasthan stated that the charges framed in the show cause notice are based on whims and fancies of the investigating officers of DRI, without any evidence either concrete or even circumstantial. However, I do not find any force in his submission since investigation conducted has proven otherwise. The two road carriers styled as S.K.Road lines and Balaji Transport Company through which Shri Agarwal had stated to transport the red s....