ORDER
Mrs. Archana Wadhwa
1. The prayer in the Application is for dispensing with the pre-condition of deposit of personal penalty of Rs. 5,000.00 (Rupees five thousand) imposed upon the appellant who is the driver-cum-owner of the truck which was found to carry contraband items worth Rs. 80.00 lakh (Rupees eighty lakh). Nobody has claimed the ownership of the contraband goods.
2. I have heard Shri P.K. Das, learned Advocate for the appellant and Shri D.K. Bhowmick, learned J.D.R. for the Revenue.
3. After going through the impugned Order and after appreciating the submissions made from both sides, I find that the involvement of the appellant in loading of the contraband electronic items in the truck is very clear inasmuch as he had given the truck to the hirer for loading purposes for about two days. The statement confessing his knowledge about the contraband goods loaded in the truck was also recorded. it is also seen that the original number plate of the truck was changed. Search of the truck has also resulted in recovery of two sets of registration papers belonging to different numbers of the truck. All these factors reflect upon the knowledge of the applicant/appellant. He has already deposited an amount of Rs. 1.00 lakh (Rupees one lakh) for release of his truck. In these circumstances, the contention of Shri Das, learned Advocate that the applicant/appellant is earning only Rs. 2,000.00 (Rupees two thousand) and as such is in a financially difficult situation to deposit Rs. 5,000.00 (Rupees five thousand) towards the penalty, is not appreciable at all. Keeping in view the entire facts and circumstances of the case, I direct he applicant/appellant to deposit an amount of Rs. 5,000.00 (Rupees five thousand) within three weeks from today.
4. Matter to come up for ascertaining compliance and for disposal of the appeal on 26.9.2001.
Dictated in the open Court.