2018 (7) TMI 544

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.... vehicles loaded with logs of Red Sanders Wood concealed under Sacks of Marble Chips (white Stones) on their way to Ghoshpukur, District : Darjeeling on 07.02.2011. The Drivers and Khalasis in their statement indicated the involvement of the appellant on smuggling of the Red Sanders. A Show Cause Notice dated 02.08.2011 was issued for confiscation of the seized goods and imposition of penalty on various persons including the appellants. By the impugned Order, the Learned Commissioner confiscated the Red Sanders and White Stone and also imposed penalty on various persons including the appellant. Hence, the appellant filed this Appeal. 2. Heard both sides and perused the appeal records. 3. The Learned Senior Advocate argued the matter a....

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....ed that they had loaded Red Sanders Wood from one place in Rajasthan and reached Ghoshpukur on 07.02.2011 afternoon. The relevant portion of the statement dated 08.02.2011 of Md. Iliyas is reproduced below : "During the material time a person named Pranab Kumar Deb Barman, who is the owner of the vehicle No.NL-02G-2619 came and asked him his name and thereafter handed over a SIM Card bearing No.9002400214 and a sum of Rs. 10,000/- for Road Expense and gave instruction that after loading of Logs of Wood from Rajasthan both the vehicles should move together; Both the carrier vehicles left for Kanpur and arrived at Kanpur on 26.01.2011. The coal laden in both vehicles were unloaded in a Tannery and after that as per the direction, both t....

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....re Nasir Khan was waiting. His vehicle's number plate (NL-02G- 2619) was replaced by another number plate bearing No.RJ-14- 1G-7858 before going to Udaipur and after arrival at Jaipur, the original number plate was again placed. Thereafter, both the loaded carrier vehicles left for Ghosh Pukur in the district of Darjeeling, West Bengal and arrived at that place in the afternoon of 07.02.2011." 6. The appellant is also known as Pappu. The appellant in his statement stated that the Driver of the vehicle offered him Rs. 1,000.00 for showing the road route to Udaipur. He accepted the said amount being a poor man. I am unable to accept the statement of the appellant that a stranger would offer Rs. 1,000.00 for showing direction of the road ro....