9911796707
TMI Blog1988 (10) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... ducing the penalty on the appellant from Rs. 25.000/-to Rs. 15,000/- under Section 74 of the Gold (Control) Act, 1968, the Act for short. 2. The appellant is a certified goldsmith at Trichy. On the basis of prior information, the officers of the Directorate, Revenue Intelligence and Customs Preventive Unit on 19-10-1983 intercepted the appellant at Karur when he was a passenger in a Cheran Transport Corporation Bus No. TML 4061 bound for Mettupalayam from Trichy. The authorities intercepted one Balasundaram who was a passenger along with the appellant and the authorities recovered from his possession one gold block covered by newspaper kept in a cloth ponch tied around his waist. The gold block weighed 1084 gms. The authorities effected s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eing an officer of the rank of Collector of Central Excise is a Gold Control Officer within the meaning of Section 78 of the Act read with Section 4 and Notification No. 2319, dated 29-6-1968. The learned D.R. also contended that purity of the gold being 24 carat, the order of confiscation has to be sustained. 5. We have carefully considered the submissions made before us. We do not find any substance or merit in the plea of the learned Consultant about the want of jurisdiction on the part of the Additional Collector in adjudicating the case under the Gold (Control) Act, 1968. Section 78 of the Act is very clear that any confiscation may be adjudged or penalty imposed under the Act without limit by a Gold Control Officer not below the ran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant to redeem the primary gold. In our view the ratio of the WRB has no application in the facts of the present case. In the present case huge quantity of primary gold was found in the possession of one Balasundaram and the appellant being a co-traveller claimed ownership thereof immediately on seizure and admittedly there was no entry in the GS 13 of the certified goldsmith. The primary gold of very high purity namely 24 carat was taken by the appellant through Balasundaram for the purpose of sale and the statement of the appellant as well as Balasundaram clearly establish this fact. This Tribunal has not in any case given the option of redemption to any person who was found in possession of primary gold of 24 carat purity in contravention ..... X X X X Extracts X X X X X X X X Extracts X X X X
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