2001 (11) TMI 180

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....ner pocket of his shirt. As the said person could not produce any documents in support of legal acquisition and possession of the gold biscuits, the same was seized by the Customs Officers along with Motor Cycle. 3. The said Bablu Biswas in his statement dated 8-6-97 deposed that the Motor Cycle in question belonged to Jahed Mondal, the appellant herein and he was driving the Motor Cycle and Bablu Biswas was sitting back side. However, on seeing the Motor Cycle, Jahed Mondal stopped the vehicle and handed over the gold biscuits to Bablu Biswas and told him to wait so that Jahed Mondal might relieve himself nearby. But when he saw the Maruti Car was approaching them, Jahed Mondal told Bablu to go alone with the Motor Cycle. 4. Based up....

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....g through the impugned order, I find that the penalties have been imposed upon Shri Jahed Mondal based upon the statement of Bablu Biswas who was intercepted by the Customs Officers and from whose possession one gold biscuit has been recovered. The appellants have strongly contended that the said statement of co-accused cannot be made the basis for penalising the appellants without any independent corroboration from any other source. They have also pleaded that the facts as narrated in the statement of Bablu Biswas are only fabricated inasmuch as it is not possible for any person to hand over the biscuit immediately on seeing from a distance one. Maruti Car, for which the appellants could not entertain a view that the Customs Officers are p....

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.... imposing penalties upon the said appellants have observed as under :- "As regards Jahed Mondal alias Jahidul Islam Biswas and Abdul Jalil Biswas, the other noticees have submitted their defence replies both dated 12-9-98 wherein they have denied their all allegations. I find from the case records that Abdul Jalil Biswas was the school teacher who gave his Motor Cycle to Shri Bablu Biswas for his personal use. It is clear from the confessional statement that Sri Bablu Biswas used to come to their residence usually and was closely related with them has stated by Bablu Biswas in his confessional statement. It is very clear that both of them Sri Bablu Biswas and Jahed Mondal were engaged in the smuggling and carrying of gold biscuit and Abd....