2017 (9) TMI 1271

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....Kumar Singh, Deputy Commissioner (AR), for Respondent ORDER Per: Ashok Jindal  The appellants are in appeal before impugned order. 2. The brief facts of the case are that acting on an information that betel nuts is being smuggled. Therefore, the Mahindra Pickup Van bearing Registration No. UP53 BT-3326 was searched wherein 2030 kg of betel nuts (split) packed in 35 jute bags valued at Rs.....

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....d the vehicle on Jugauli Road near a lane. When he saw that jute bags were filled with betel nuts, then he questioned that fellow about the betel nuts. He said that some extra money will be paid and total 35 bags loaded in the pickup van and said to proceed Gorakhpur. He did not know the name and address of the person who loaded the betel nuts in pickup van. He also did not disclose about the carr....

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....y the said order, both the appellant are before me. 3. Heard the ld. Counsel for the appellants who submits that the transportation of betel nuts was not in the knowledge of the vehicle owner Shri Firoz Ansari. He has not entrusted to the driver to transport any contravened goods. In that circumstance, vehicle cannot be confiscated in terms of Section 115(2) of the Customs Act, 1962 the order of ....

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....some consignment which is carrying from Sonauli to Gorakhpur and for that he will get the fare of Rs. 4,000/- and he failed to explain the name and address of the person who loaded the betel nuts in pickup van. He also did not disclose about the carrying of betel nut to his vehicle owner. He also admitted his crime before the officers. In the absence of the explanation by the Appellant No. 1 Shri ....