2018 (5) TMI 892

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....akhs from Shri Mohammed A.T. and Shri N.P. Thafsal, of Tellicherry on 19.06.2007 while they were travelling in a Wagon R Car bearing Registration  No. KL 13M 2675 near to Cheruvanoor Co-op Bank, Calicut. The appellant Shri N.P. Thahir was the owner of the said vehicle and he had already permitted his brother Shri N.P. Thafsal to use the vehicle as and when required. The fake Indian Currency notes were found concealed in two tin containers placed in a cardboard carton. On being questioned Shri Mohammed A. T. said that he as directed by Haji M. Abdul Rahiman @ Abdul Hajj @Amitabh Bachen, received the cardboard carton from Sri Raheem A.M. at his residence at Feroke, Calicut. On being contacted, by DRI Officers Sri A.M. Raheem admitted tha....

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....ed on Shri Raheem A.M, a penalty of Rs. 4,00,000/-on Shri Mohammed A.T, a penalty of Rs. 2,00,000/-  (Rupees Two Lakhs only) on Shri N.P. Thafsal and a penalty of Rs. 4,00,000/-  (Rupees Four Lakhs only) was also imposed on Shri Haji M. Abdulla Abdul Rahiman @ Amitabh Bachan under Section 112 of the Customs Act, 1962. Aggrieved by the said order, appellant filed appeal before the Commissioner who reduced the redemption fine from Rs. 2,50,000/-  (Rupees Two Lakhs Fifty Thousand only) to Rs, 1,25,000/-  (Rupees One Lakh Twenty Five Thousand only). 2.   Heard both the parties and perused the records. 3.   Learned counsel for the appellant submitted that the impugned order imposing the redemption fi....

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....s. Only circumstance proved against third accused was that he was  driving the said car. It appears that the 3rd accused had no knowledge of the contents of the cardboard carton carried in the car and he had simply assisted his friend on a request made by him. Ext. P.6 confessions of second accused does not attribute any knowledge of contents of carton to their accused. Evidence tendered by prosecution witnesses and ext. P. 7 statement will not prove that third accused had possessed counterfeit currencies. The evidence on record does not prove that 3rd accused was knowingly concerned in smuggling of the counterfeit currencies in violation of prohibition. " 3.1. He further prayed that in view of the decision of the Tribunal dropping ....