LAXMI SAHNI Vs. ADDITIONAL COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) BEING aggrieved by the orders passed by the learned Additional Collector of Customs, Indo-Nepal Border, Muzaffarpur vide No. 14-Cus-89 dated 16-1-1989, the appellant has come up in appeal before this Tribunal.

(2.) The facts of the case in brief are that on 7-8-1988 on information, Customs officers, Raxaul, signalled one tractor with trailer to stop near Gamharia Canal on Raxaul Motihari Road. The driver of the tractor stopped the tractor at a distance and he along with one occupant of the tractor jumped down from the tractor and started running in order to evade interception. After a hot chase the occupant of the tractor could be intercepted. The driver managed to escape. On examination of the tractor and trailer in presence of two independent witnesses and the said occupant recognising himself as Amin Miyan, 8 Kgs. of Nepali Charas/Hashish secreted beneath Tarpaulin in a gunny bag along with one bicycle were recovered. Recovered goods along with tractor and trailer were seized by the Customs officer, Raxaul under Section 110 of the Customs Act after observing necessary formalities because Amin Miyan could not produce any document in support of legal possession/importation/transportation of the said hashish/charas into India. After interrogation, Amin Miyan was arrested and forwarded to judicial custody. In follow-up action it was learnt that the said tractor bearing registration No. BRE 9597 with trolly bearing No. BRE 403 is owned by Shri Laxmi Sahani, the present appellant, and the driver's name is Shri Sant Sahani. In their interrogatory statement as well as in their defence reply they pleaded their ignorance of the importation and transportation of said Hashish/Charas and prayed for personal hearing.

(3.) WE have heard both the sides.