C.C. (PREVENTIVE), LUCKNOW Vs. SHRI DINESH KUMAR

JUDGEMENT

(1.) THIS is an appeal by the Department against the order of the Commissioner (Appeals) No.84 -CUS/ALLD/09 dated 29.5.2009.

(2.) HEARD both sides.

(3.) THE relevant facts, in brief, are that the officers of DRI seized a consignment of 572 kgs. of scrap of copper wires and brass and steel scrap valued at Rs.1,50,300/ - booked from Rauxal Border consigned to Delhi. The consignment was intercepted en route at Gorakhpur Railway Station on 9.6.2007 and the same was seized under reasonable belief that it was goods of Nepalese origin brought to India illegally. Shri Dinesh Kumar came forward and claimed the consignment and submitted that the scrap was material was collected by him from different villages in that area and was being consigned to Delhi. The original authority ordered absolute confiscation of the goods and imposed penalty of Rs.1000/ - on the respondent.