9911796707
TMI Blog1997 (5) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... er : G.R. Sharma, Member (T)].- Shri R.V. Sinha, ld. Advocate, appearing for the Applicant, pleads for dispensing with pre-deposit of Rs. 20.00 lakhs imposed as penalty on Shri Vishnu Kumar Soni, the applicant. The ld. Counsel submits that the statement was taken under duress which was retracted in the bail application as also by the telegrams sent by the wife of Shri Vishnu Kumar Soni. The ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all goldsmith and does not have sufficient income or resources to pay such huge amount of Rs. 20.00 lakh. He, therefore, submits that both financially and on merits, the appellant has a case and therefore the pre-deposit of penalty should be dispensed with. 3. Opposing the request for dispensation of the pre-deposit, Shri Satnam Singh, ld. SDR submits that the gold was recovered from the car whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, submits that looking to the fact that smuggling is a very serious crime and requires deterrent punishment, the Appellant may be asked to deposit the entire amount of penalty. 4. Heard the submission of both sides. The admitted position is that 100 foreign-marked gold biscuits were recovered from the Maruti car. The Maruti car is stated to be in the custody of Shri Vishnu Kumar. Shri Vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le. However, at this stage, without going into the details of various pieces of evidence and looking into the totality of the facts and circumstances as also the financial condition, we direct the appellant to deposit a sum of Rs. 5.00 lakh within a period of 12 weeks from the date of receipt of this order. On compliance of this order, the pre-deposit and recovery of the balance amount of penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
