LAKHPATI SINGH & ANR. Vs. CC

JUDGEMENT

(1.) THE brief facts of the case are that on 12.3.1997, the Customs officers of Bareilly, intercepted a Tata Mini Truck No. UP 20 -5688 near Bhowali. The truck was being driven by Shri Lakhpati Singh. The truck was checked and goods of foreign origin namely Torches, Video Cassettes, small Cardamom, were found to be loaded therein. The driver deposed that he had visited Almora to deliver household goods and after delivering the same, he was taking rest in a hotel on the bye -pass road; that a boy approached him disclosing his identity as Shri Mohd. Atik and told him that he was doing Kabad business (scrap) and that some kabad and packing material lying in Pithoragarh were to be transported upto Haldwani. That he agreed to transport the kabad for a fare of Rs. 1,000/ -. That he and Shri Mohd. Atik travelled in the truck towards Pithoragarh; that he halted his vehicle at the Forest Barrier on the instructions of Shri Mohd. Atik who went to Pithoragarh; that he went to sleep inside the truck because he was tired; that on 12.3.1997 at 7.00 AM, Shri Mohd. Atik woke him and told him that kabad etc. had already been loaded on to the truck and Shri Mohd. Atik instructed him to start for Haldwani. That he started for Haldwani alongwith Shri Mohd. Atik; that at Almora, Shri Atik got down from the truck and told him to go to Haldwani and that he (Shri Atik) would contact him (Lakhpati Singh) at Kathgodam Bus stand and asked him to wait for him at the Bus stand; that he left Shri Atik at Almora and drove towards Haldwani. Shri Lakhpati Singh stated that the recovered goods of foreign origin may have been loaded alongwith kabad by Shri Mohd. Atik while he was sleeping; that he has no concern with the seized goods and that he did not know the full address of Shri Mohd. Atik except that he is a resident of Ghampur. Since Sh. Lakhpati Singh failed to produce any documents for legal importation of the recovered goods, the same were seized under the reasonable belief that they were liable to confiscation since they had been brought into India from Nepal in contravention of the law. The truck was also seized. On 13.3.1997, a further statement was recorded from Shri Lakhpati Singh who reiterated what he had earlier stated and added that the owner of the seized truck is M/s. Nehtaur Ice and Cold Storage and that the vehicle was under the supervision of one Shri Subhash Thekedar of Bijnor.

(2.) ON 2.4.1997, Shri Subhash Chandra Agarwal sent a letter to the Assistant Commissioner of Customs, Bareilly stated that the seized vehicle was registered in the name of Shri Sudhir Kumar Agarwal and was operating under his supervision and that on 11.3.1997, the driver Shri Lakhpati Singh took away the vehicle. Shri Sudhir Kumar Agarwal confirmed that the seized truck was registered in the name of M/s. Nehtaur Ice & Cold Storage of which he is a partner and that he came to know about its seizure from Shri Subhash Chandra Agarwal and he is not concerned with the seized goods.

(3.) THE Adjudicating authority ordered absolute confiscation of the seized goods valued at approximately Rs. 4 lakhs, confiscated the truck (which had already been provisionally released on cash security) with redemption fine of Rs. 30,000/ - to be appropriated from the cash security and imposed a penalty of Rs. 10,000/ - on Shri Lakhpati Singh, and Rs. 20,000/ - on Shri Sudhir Kumar Agarwal in addition to penalties on Shri Subhash Chandra Agarwal and Sh. Mohd. Atik.