9911796707
TMI Blog2000 (12) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... .H. Joglekar, Member (T)]. The facts leading to the present appeal are as follows : - 2. One person by the name Hussain Ahmed was caught carrying contraband gold at the Mumbai Airport on 2-4-1993. He was arrested, was enlarged on bail, jumped bail and disappeared. On 23-7-1993 he was once again arrested smuggling gold at Mumbai Airport. Although he had given his name as Shahjahan, he was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and had got it encashed through Mafatlal Mehta on payment of a commission for which he got commission from Hussain Ahmed. He admitted to having earlier organized encashment of a similar order for one K. Isuddin. On the strength of this statement it was alleged that he was liable to penalty. The Collector called him a rescuer of smugglers in distress inasmuch as he helped them with encashment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... do it, as also the specialised discount houses. The shroffs in the market also do this. Discounting of bills provides immediate and ready finance to the persons in whose name the bills are drawn. This saves them the time and energy to deposit the bills in the banks and to wait for the bank to first encash the bills before making the proceeds available to them. For this facility they are willing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mises. The simple business activity of discounting of a bill has been turned by the learned Collector into direct participation in the conspiracy to smuggle gold. 7. We find that in the absence of the department having proved the knowledge of the appellant in the activities relating to the smuggled gold, there were no grounds for imposition of penalty on him. The Collector s orders do not sustai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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