2005 (7) TMI 478 - AT - Customs

Summary

Issues Involved:
Appeal against confiscation of seized goods and penalty imposition based on alleged recovery of foreign origin gold biscuits without sufficient evidence.

Analysis:
The appellant contested the correctness of the Order-in-Appeal where the Commissioner (Appeals) had directed the confiscation of seized goods and imposed a penalty of Rs. 12,500. The penalty was imposed due to the alleged recovery of four pieces of foreign origin gold biscuits from the appellant's possession in Gorakhpur. The primary evidence for this decision was the appellant's own statement, where he mentioned purchasing the goods from Vijay Dalai, who allegedly attempted to remove the foreign origin markings. However, there was no corroboration of this statement on record. Vijay Dalal was not interrogated, and no tests were conducted to determine the foreign origin of the seized goods. The gold pieces did not bear any foreign marks, and the report relied upon during the Panchnama was based on a visual examination by a goldsmith. As there was no concrete evidence of foreign origin, the provisions of Section 112 of the Customs Act could not be invoked for confiscation and penalty imposition. Consequently, the impugned order was set aside, and the appellant's appeal was allowed with appropriate relief as per the law.