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4.1 The State Forest Officialswhen examined the offending goods found from the cavity of the gypsum boards, they reported that to be Red Sanders wood pieces. That corroborated with John Alexanders deposition made on 26.3.2006.

4.2 When John Alexander was examined on 26.03.2006under Section 108 of the Customs Act, 1962.He stated that (i) he obtained Import Export Code 3503002171 in August, 2003 to exports turmeric, pepper, rice; (ii) he decided to earn money making exports in an illegal manner; (iii) during 1995, 1996 he concealed and transported sandalwood which is prohibited goods misdeclaring that as tiles, wash basin to Singapore through M/s. Gilpa Agencies, Tuticorin; (iv) InFebruary, 2006 he contacted Shri Manivannan who sent 1500 pieces of red sanders to him for export;(v) during the last week of January he kept the red sanders underneath the gypsum boards in the godown taken on rent by him in Sugar Mill Colony in Tirunelveli and attempted to export that to the buyer in Malaysia as informed to him by appellant,through Tuticorin Port without anybodys knowledge for a monitory benefit of Rs.2 lakhs; (vi) he covered the red sanders wood with newspaper making cavity in the gypsum boards and covered the same by gypsum board without cavity. (vii) he concealed 1500 numbers of red sanderpieces in 94 packages containing gypsum boards and strapped with steel for concealment; (viii) he made ten crates containing gypsum boards without concealing red sanders pieces therein to produce before Customs officers for physical inspection; (ix) he filed the Shipping Bill 1590098 dated 24.3.2006 with Tuticorin Custom House declaring 104 crates of gypsum boards were being exported to the address of the buyer in Malaysia given by Shri Manivannan; (x) the detailed examination conducted by the investigating officers at Raja Agency CFS found 1500 Nos. of red sander in three shapes weighing 1.650 MT were attempted to be exported in the guise of gypsum boards used for concealment and those boards were also seized; (xi) he knew that export of red sanders is an offence under the Customs Act; (xii) he confirmed the photograph shown to him by investigation was of Shri Manivannan of Perambur, Chennai, and admitted the Offence committed by him. All such depositions remained uncontroverted.