2024 (3) TMI 932

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....e disposed of by a common order. The facts of the case are as under: - 1. Specific information was received on 05.10 2020 to the effect that a huge consignment of dry betel nuts (areca nuts) of foreign origin was loaded from godowns located in and around Kalain area in three trucks bearing registration numbers NL-01L-4656, AS- 25CC-7737 & WB-23E-9867 and that the said trucks which have left Kalain area in the evening hours on 03.10.2020 are expected to cross Khanapara area in the intervening night of 05.10.2020/06 10.2020. Acting on the specific information, the Customs officers of Anti-Smuggling Unit, Customs Division, Guwahati immediately rushed to 9 Mile area on NH-37. Khanapara, Assam and in course of surveillance intercepte....

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....ghment, each bag was found to contain 80 kgs of dry betel nuts i.e. total of 72.160 kgs of betel nuts (areca nuts) were recovered from the three trucks. 3. The Customs officers informed Shri Tofun Halder (driver of truck WB-23E-9867). Shri Sattar Ali (driver of truck NL-01L-4656) and Shri Shajahan Ali (driver of truck AS- 25CC-7737) that since the Customs officers had specific information that the dry betel nuts that were being transported by them have been illegally imported into India from Myanmar through the Indo-Myanmar border at Mizoram and therefore the betel nuts are liable for seizure The Customs officers also informed the three drivers that since their vehicles were being used for transportation of the contraband betel nut....

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....corded and on the basis of the various statements and further investigation, it was alleged that the betel nuts seized during the course of investigation were of Myanmar origin and that the appellants had failed to show documents of import for the same. In these circumstances, the impugned betel nuts were liable for confiscation and penalties were required to be imposed on the appellants. Accordingly, proceedings were initiated against the appellants. 3. Initially goods were allowed for provisional release, thereafter adjudication took place. After adjudication, the goods were held liable for confiscation and could have been redeemed on payment of redemption fine; penalties on all the appellants were also imposed. Aggrieved from the said....