2018 (3) TMI 1141

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....-2-2018<br>Appeal No. C/331/09, C/379 to 384/09 And C/398 And 399/09 - A/85402-85410/2018<br>Customs<br>MR. Ramesh Nair, Member (Judicial) And MR. C.J. Mathew, Member (Technical) Shri Bharat Raichandani, Advocate for Appellant Ms. P.V. Shekhar, Jt. Commr.&nbsp; (A.R) for respondent Per :&nbsp;&nbsp; Ramesh Nair The brief facts of the case are that the officers of SIIB (Import) branch o....

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....fficers during interrogation of Tandel of Barges and other persons observed that a racket was being run by one Shri Noora with active involvement of Shri Chand who has emerged as the mastermind behind the entire racket, who through the Barges under seizure used to purchase the smuggled HSD brought by Foreign going vessel (Vahans/ Dhows) in stream and then store them in these barges to be sold late....

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....Tandels of Barges who were selling the smuggled diesel to the fishing boats and the owners of the vessels proposing confiscation of seized diesel and barges, vessels and fishing boats. It was also proposed to impose penalty upon all the Appellants.&nbsp; The adjudicating authority vide impugned order dt. 21.01.2009 confirmed the proposals of the show cause notice thereby confirmed the confiscation....

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.... argued that the hearing was conducted before the predecessor of the adjudicating whereas the order has been passed by him which is erroneous and therefore the impugned order is required to be set aside. We find from the records of personal hearing stated in impugned order that the personal hearing notice was displayed on the Notice board of the New Customs House. However it is not appearing as to....