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TMI Blog1994 (2) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... These appeals are directed against the order-in-original No. 120/Addl. Collr/1986 (F. No. VIII/10-129/DC/86) dated 23-12-1986 so far as it relates to ordering absolute confiscation of 1 gold lagadi of foreign origin weighing 10 gms, six gold pieces weighing 58.200 gms and 13 guineas weighing 97.400 gms under the provisions of Sec. 111(d) of the Customs Act and imposing personal penalty of Rs. 10,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the gold pcs. it was pleaded that same were purchased by unknown persons. After due adjudication, the impugned order was passed. 4. Heard Shri Shah, the ld. advocate for the appellants and Shri Harnek Singh, the ld. JDR for the respondent. 5. So far as the order of confiscation relating to six gold pcs. weighing 58.200 gms is concerned, the provisions of Customs Act would not stand attracted a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the gold guineas could not have been brought to India in recent past as the manufacturer of gold guineas has been suspended since 1947. Guineas were being used as currency in the British time and the possession thereof by the appellants was disclosed even at the time of search and seizure and hence the confiscation is bad in law. In his submission, the guineas were kept for the purpose of wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y imposed on her is set aside. As regards the penalty imposed on Shri Ketan, he admits to have purchased foreign marked gold and he is therefore liable to imposition of penalty under Sec. 112(b)(i). Considering the facts and circumstances of the case, while sustaining the penalty imposed on Shri Ketan, the same is reduced from Rs. 10,000/- to Rs. 7,500/- (Rupees seven thousand and five hundred onl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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