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TMI Blog1988 (10) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... of 22 cts. purity. He also produced the gold jewellery being carried by him in his brief case. In the said voucher the ornaments were described as old ornaments of 22 cts. purity whereas it appeared to the authorities concerned that the jewellery was rough and semi-finished having purity more than 22 cts. Accordingly Shri Ajay Kumar Rastogi accompanied by his father Shri B.B. Rastogi who had come there to see him off, was brought to the Customs House for getting the gold jewellery examined by the experts. Accordingly, two independent witnesses both holding gold licences were called. The gold jewellery namely 19 bangles, one baby bangle, one pan with kunda and two Mohars with Persian inscription with kunda in all 23 pieces weighing 445 gms. was found to be of 23 cts. purity as certified by the witnesses by the touch stone method and did not tally with the 22 cts. purity shown in the aforesaid Issue Voucher No. 2. On being asked to produce the purchase Vouchers and G.S.-11 and G.S.-12 Registers of their firm M/s. Laxmi Enterprises, Shri Ajay Kumar Rastogi stated that this could be explained by the other partner of the firm i.e. his father Shri B.B. Rastogi. Shri B.B. Rastogi on an en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Raghubir Singh Goel ; that his father-in-law Shri Raghubir Singh Goel was working as Munim with Sarafs , (gold dealers) but he did not know the name of Sarafs with whom his father-in-law was working; that about month back his father-in-law Shri Raghubir Singh Goel accompanied by a fat stranger of short stature came to him and asked him to accompany them to Chandni Chowk Police Station to deposit a black handbag containing some Registers, Cheque Book and other documents; that at the first instance he declined to go but after being persuaded that there would be no harm to him, he asked them to come after a day or so since he was not feeling well; that on 11-10-83 the same fat person came to him at his residence with his father-in-law Shri Raghubir Singh Goel and on their asking second time, he accompanied them to Chandni Chowk and deposited black bag containing documents in the Police Post, Town Hall and he gave a statement there on the lines instructed by his father-in-law Shri Raghubir Singh Goel. Investigations continued. Summons for appearance on 9-11-83 and 11-11-83 were issued to the said Shri Raghubir Singh Goel but could not be served. However, summons for his appearance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n option to redeem the same on payment of redemption fine of Rs. 1,00,000/- and also imposed a penalty of Rs. 25,000/- on the appellant firm. However, the adjudicating authority exonerated Munim of the firm Shri Raghubir Singh Goel holding that department failed to adduced any evidence to show his involvement in acquisition, possession, handling or transport of the seized gold. Hence the present appeal by the appellant firm only. 3. We have heard Shri Gopal Prasad, learned Consultant for the appellants and Smt. Nisha Chaturvedi, learned SDR for the respondent. 4. Shri Gopal Prasad, learned Consultant for the appellants vehemently contended that the seized gold ornaments were received from the various customers for remaking and the same were being taken by Shri Ajay Kumar Rastogi to the Mint under Issue Voucher No. 2 dated 17-9-83 to Bombay. In this connection he drew our attention to the various Vouchers and the Cash Books of the appellant firm and also to be statutory records. On this premises he submitted that the adjudicating authority erred in holding that the statutory records so produced before him was unreliable and distinctly bogus. In reply Smt. Nisha Chaturvedi subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... numbering about 60 spread over a period of about 2-1/2 months and in the name of a large number of persons have to be looked at. One cannot expect manipulation and conspiracy with such a large number of persons and spread over such a long time. These vouchers and entries in G.S. 11 registers are corroborated by cash book entries and bank account maintained in normal course. Some of the transactions which have taken place through cheques and find mention in the cash book are duly supported by the bank account. These entries are of much previous dates (August 1986). The bank account in any manner cannot be doubted and therefore, the authenticity of the cash book having been kept in the normal course cannot also be doubted and conversely, therefore, the entries in the G.S. 11 account and the corresponding purchase vouchers which are duly reflected in the cash book should not give cause for any doubt. In the face of this voluminous documentary evidence the appellants submit that the genuineness of plea of loss of records comes out clearly. In the light of this documentary evidence, therefore, it becomes clear that the original statement of Rakesh Gupta recorded by the Gold Control Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he records as and when he buys or otherwise acquires or accepts or otherwise receives or sells, delivers etc. any gold. Sub-section (3) prohibits any licensed dealer in gold to possess any gold which has not been included in the accounts referred to in sub-section (1). It is, therefore, apparent that none of the provisions of Section 55, on the basis of available evidence on record in this case, can be said to have been contravened by the appellants. All the gold found in possession of the appellants has been duly accounted for and there is no gold which has not been accounted for in the records and accounts have been recovered from the appellants. 9. It, however, appears that the lapse referred to above for non-production of documents on requirement by the Gold Control Officer is covered under Section 64. Provisions of that section, therefore, are apparently contravened by the appellants inasmuch as they failed to produce the relevant records as required by the Gold Control Officers on 17-9-82. As we have already held that the manner of recovery of records, on the basis of plea of loss of records raises serious doubts about this plea. The only charge, therefore, that can be uphe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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