9911796707
TMI Blog1999 (9) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... J)]. A penalty of Rs. 5 lakhs has been imposed on the appellant herein under the provisions of Section 112(b) of the Customs Act, 1962 holding that he was concerned in selling and purchasing of smuggled silver recovered on 17-5-1991 which he knew or had reason to believe, was liable to confiscation. 2. The case of the Department is that on 17-5-1991, a Maruti Van No. DL-IC-3820 was interc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g in the van, and that DRI officers searched the van and recovered the silver from it. 4. The statement of Shri Gurbachan Singh, driver of the Maruti van, was recorded in which he stated that on 17-5-1991, his employer Shri Hargobind Singh met him at Gurudwara Rakab Ganj and both of them went to a plot at Mundka Village and loaded 20 slabs of silver in the Maruti van and he came to the Red Fort ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the letter dated 18-5-1991 purported to have been written by the appellant in the Court of AC, MM, New Delhi does not contain his proper signature when compared his signature available on summons dated 17-5-1991 served upon him. The letter containing allegation of torture etc. was filed in the Court of the AC, MM was filed only on 1-6-1991 i.e. after a period of about 2 weeks. Therefore, we can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9-10-1991 (in response to summons) that the plot was used as a storage place for smuggled silver under the instructions of Shri Hargobind Singh. The method of handing over of the silver, as revealed by the appellant and Shri Gurbachan Singh, also indicates the clandestine nature of the transaction. Therefore, we are unable to bring ourselves to agree with the learned Counsel that the Department ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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