JUDGMENT
Archana Wadhwa
1. Nobody is present on behalf of the appellant. The prayer in the stay petition is for dispensing with the condition of predeposit of personal penalty of Rs. 2,000/- (rupees two thousand) imposed upon the appellant, who is a co-owner of the truck, which was found to be carrying ball bearings of alleged contraband nature. The appellant has pleaded innocence and lack of knowledge for the use of the truck for the said purposes. In his impugned order Commissioner has imposed a penalty on him by observing that the driver knowingly loaded the contraband goods with tacit consent of the said owners. However, I do not find any evidence on record against the said appellant. In view of the foregoing I dispense with the condition of predeposit of penalty and allow the stay petition. Appeal is also fixed for disposal on 14.12.2001.
Dictated in the court.