COMMISSIONER OF CUSTOMS, HYDERABAD Vs. JAGDISH PRASAD VERMA

JUDGEMENT

(1.) THIS appeal arises out of and is directed against the Order -in -Original No. Cus. 8/96, dated 10th October, 1996.

(2.) FACTS of the case as narrated in the Statement of facts are as follows : The officers of DRI, who are on surveillance, noticed a Mahindra jeep which is parked near the Parade Grounds, Secunderabad. The inmates were talking to a person sitting on a Bajaj chetak scooter. The officers on reasonable belief desired to search the jeep and while introducing themselves, the scooterist ran away. On search a false cavity was found in which 10 silver bars of foreign origin each weighing 34 kgs. were present. The inmates Shri Dasarath and Rohidas had not produced any documents to contain the licit nature of import of silver. Hence, 10 bars of silver valued at Rs. 26,25,412/ - along with the jeep seized. Shri Rohidas in his statement stated that his master Shri Ramesh loaded the smuggled silver and asked him to deliver it to M/s. Pawan Jewellers, near Mahankali Temple, Secunderabad and telephone No. 813711 and informed him that the shop owners are Shri Jagadish and Shri Hiralal. Shri Dasarath corroborated the above version in his statement. A show cause notice was issued to S/Shri Dasarath, Rohidas, Jagadish, Hiralal and Ramesh.

(3.) THE Commissioner as per his order confiscated the jeep and silver absolutely and imposed heavy penalties on S/Shri Rohidas, Dasarath and Ramesh and dropped proceedings against S/Shri Jagadish and Hiralal on the ground that there is no concrete evidence to substantiate the allegations. Aggrieved by the said proceedings, the Department has come in appeal.