SHRI DILIP KUMAR AND MOHD. ASIM Vs. CC

JUDGEMENT

(1.) BOTH the appeals are arising out of a common order and therefore both are taken up together for disposal.

(2.) THE relevant facts of the case in brief are that on 15/12/04 the Customs Officers of Bahraich intercepted a truck No. UP -71/A -6821 at Risra crossing on Nanpara Bahraich Road. The truck was loaded with fresh Ginger 60 quintals in 95 bags. The driver and the person accompanying the goods produced the documents of Krishi Utpadan Mandi Samiti, Mihinpurwa and bilty No. 11 dated 15/12/2004. The driver of the truck Shri Nanhoo stated in his statement dated 15/12/2004 that he dropped his vehicle to Kanda jungle, where Ginger was brought from the North side on bullock -carts and loaded his vehicle. The driver also stated that the bullock -cart man told him that they had brought the same Ginger from across the border i.e. Nepal. A show cause notice dated 08/06/2005 was issued proposing to confiscate the fresh Ginger 60 quintals valued at Rs. 1,80,000/ - under Section 111 of Customs Act 1962 and the truck as it was carrying alleged contraband goods namely fresh Ginger brought into India from Nepal illegally through unauthorized route. The adjudicating authority confiscated the seized goods and imposed redemption fine of Rs. 40,000/ - and Rs. 30,000/ - on seized goods and trucks respectively. He also imposed penalty on various persons of Rs. 5,000/ - each. The Commissioner (Appeals) reduced the penalty to Rs. 2,000/ - each.

(3.) THE appellant No. '1' Shri Dilip Kumar is owner of the goods and appellant No. '2' Mohd. Asim Khan is the owner of the seized truck.