VIJAY KUMAR Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) THESE are two appeals filed by S/Shri Vijay Kumar and Sant Baba Jaswant Singh against the confiscation of a Truck with Registration No. ITRX 7281 and imposition of penalty of Rs. 50,000/ - on the former. The second -mentioned appellant is the owner of the confiscated vehicle for which option to redeem was given on payment of fine in lieu of confiscation of Rs. 30,000/ -.

(2.) SHRI Harbans Singh, learned counsel for the appellants submitted during the hearing that Shri Vijay Kumar is the Booking Clerk of the Transport Company, which had accepted the goods in question and loaded them for transport to Ludhiana. He had requested for cross -examination of the panch witnesses and the concerned departmental officers. The appellant had cooperated with the department. He had shown the tempo which had brought the goods to them for being loaded in their truck. He did not know about the contraband nature of the goods in question. Penalty had been imposed on him under Section 112 of Customs Act. He had not done anything or omitted to do anything which would attract the said provision. There is no finding in the order about his actual role in the matter, knowing the goods to be contraband and liable to confiscation.

(3.) AS regards, Sant Baba Jaswant Singh, the learned counsel submitted that the confiscation of his truck was not called for as the goods had been accepted for carriage in the normal course of transport business. The confiscation of the truck was not called for and imposition of fine in lieu of confiscation be set aside. He submitted a copy of order No. A1024 -1025/93 -NRB, dated 16 -12 -1993 passed by this Bench in a similar matter where the confiscating of a vehicle was set aside.