Customs, Excise and Gold Tribunal - CalcuttaMd. Aminul Haque And Abulias Ahamed ... vs Commissioner Of Customs (Preventive), ... on 13 December, 2001JUDGMENTArchana Wadhwa1. Both the Stay Petitions are being taken up together as they arise out of the same impugned order passed by the Commissioner of Customs, Patna.2. Vide the said order, penalty of Rs. 5,000/- has been imposed upon Shri Aminul Haque who is driver of the truck, which was intercepted by the Customs Officers and found to be loaded with foreign origin miscellaneous goods totally valued at Rs. 1,08,21,000/-. Shri Abulias Ahmed alias Chandar Singh has been penalised to the extent to Rs. 2.50 lakhs on the findings that he is the owner of the goods in question. For arriving at the above findings, the adjudicating authority has relied upon the statement of two drivers in question as also the other factors and evidences involved in the present appeals. After hearing Shri K.P. Dey, ld. Advocate and Shri D.K. Bhowmik, ld. JDR, I find that a lot of evidence is required to be gone into for arriving at the final decision. Suffice it to say on this point that both the appellants have not been able to make out a prima-facie case in their favour so as to allow the stay petitions unconditionally. Accordingly, taking into account the entire facts and circumstances of the case, I direct Md. Aminul Haque to deposit an amount of Rs. 2500/- and Md. Abulias Ahamed to deposit an amount of Rs. 75,000/- within a period of eight weeks from today. Subject to deposit of the above penalties, the deposit of balance penalties is waived and its recovery stayed during the pendency of the appeals. Matter to come up for ascertaining compliance and for final disposal on  18.02.2002.Dictated and pronounced in the open court.