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G.P.AGARWAL, N.K.BAJPAI
Bhupinder Singh – Appellant
Versus
Collector of Customs – Respondent
N.K. Bajpai, Member (T)
1. This is an appeal against the order absolutely confiscating a Mercedes Benz Car under Sections 111(d) and 111(o) of the Customs Act, 1962 and imposing a penalty of Rs. 15,000/- on the appellant under Section 112 ibid. The order of confiscation has been passed on the ground that the car which was imported by one Mr. Herbert Fischer through the Attary Land Customs Check Post in April 1979 against Carnet-de-passage, was not re-exported out of India as required in terms of the Carnet and was found with the appellant. The Registration Book for Car DHE 9898 produced by the appellant at the time of search on 18-2-1980 was not found to pertain to the Car in question because the Engine Number, Chassis Number and number of cylinders mentioned in the Registration Book did not tally with those of the Car. Moreover, some over-writings were found in the Registration Book regarding the year of manufacture without any attestation from the Transport Authority.
2. The main ground taken by the appellant before the Additional Collector of Customs as well as before us is that he had got the Engine Block and certain other parts of the Car replaced because of two accidents a
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