2017 (2) TMI 935

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....or Respondent Per: Raju This appeal has been filed by Shri Subhash Dhuriya. A case of illegal export of Red Sanders was booked by DRI and the notice was issued to various people including the appellant. A penalty of Rs. 5 lakhs was imposed on the appellant in the Order-in-Original and the same was upheld by the Commissioner (Appeals). Aggrieved by the said order, the appellant is before Trib....

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....iner. 3. Learned AR relies on the impugned order. He argued that the appellant has admitted that he was aware that there was something wrong in the export consignment in his statement even if he has not admitted to the knowledge of the content of the container. He further argued that he was being paid higher than normal amount paid for such work. 4. I have gone through the rival contentions.....

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....ed for export for their onward customs formalities to facilitate the exports, (iv) Received monetary consideration from Shri Satish Shah through Subhash Minde for their active aiding and abetting in the activity of smuggling Red Sanders out of India." A perusal of the statement of the appellant dated 4.11.2005, 5.11.2005 and 14.12.2005 shows that there is no admission of the fact that he was aw....