TMI Blog1992 (12) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... ber (J)]. - Since the stay petition is coming up after the Tribunal passed the remand order in a common appeal and as the pre-deposit already made is with the Department and since both the parties are agreeable to argue the appeal today itself, accepting the pre-deposit already made by the appellant in the earlier stay petition and granting waiver of the balance, I take up the appeal itself for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thorities on 10-8-1987 inter alia admitting that his son-in-law Abdul Nahib handed over the gold biscuit and Indian currency three days earlier and the Indian currency was the balance amount representing the sale proceeds of contraband gold. The proceedings thus instituted resulted in the impugned order. 3. Shri Jayaraman, the learned Counsel for the appellant submitted that the inculpatory state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same was also confirmed by the Sessions Court, Madurai. 4. Heard Shri Subramanian, the learned D.R. 5. I have carefully considered the submissions made before me. The fact of seizure of currency is admitted and seizure of gold biscuit from the appellant's residence is disputed. The seizure is proved by the Mahazar. I have gone through the confessional statement of the appellant and I am satis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d I am satisfied that the charge against the appellant has been brought home and in this view confirm the findings of the adjudicating authority. Since the currency has been proved as sale proceeds of contraband gold the same is confiscable under law under the Act and accordingly I confirm the order of the absolute confiscation of the same in terms of the impugned order. The appellant has not made ..... X X X X Extracts X X X X X X X X Extracts X X X X
|