9911796707
TMI Blog2000 (8) TMI 816X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 3 of the Foreign Trade (Development and Regulation) Act, 1992. However, he dropped the proceedings with respect to Indian currency. He imposed a penalty of Rs. 1 lakh on the appellant herein. 2. The brief facts of the case are that on 19-3-1993, acting on an information, the Officers of the Customs House, Madras searched the residential premises of the appellant, No. 22, Vengupillai Street and recovered 42 gold bars weighing 10 tolas each with foreign markings in a bundle. The appellant was not in a possession of any valid documents to prove the licit origin. Therefore, the officers seized the same on a reasonable belief that the same are smuggled into India. 3. The officers also recovered 6 nos. of silver ingots with markings 38 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suddin was examined and he stated that he was a Singapore citizen of Indian origin and he had brought gold into India on 6-2-1993 and cleared through the Customs on payment of duty and he had handed over the gold and the baggage receipt to the appellant to dispose of the same when the price was high and the gold was legally imported and requested for release of the same. 6. On 7-5-1993, Shri K. Mohan holder of Indian passport stated that he brought 78 Kgs. of 2 silver bars and 20 Kgs. silver granules from Singapore on 5-3-1993 and paid customs duty vide BR 15436 dated 5-3-1993 and he handed over the 2 silver bars totally weighing 78 Kgs. to Shri Kabir for sale. 7. Shri G. Kumaraswamy in his statement dated 7-5-1993 inter alia stated tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irmed including penalty of Rs. 1 lac. 10. Appellant being aggrieved with the said order of the Tribunal had filed a reference application before the Tribunal to refer the questions raised by him to the High Court of Madras. The Tribunal after due consideration by order No. 41/97, dated 24-1-97 held that the questions were of fact and not referable to High Court. 11. Being aggrieved by the said order of the Tribunal, appellant filed the R.C. petition No. 11 of 1999 before the High Court of Judicature at Madras. The Hon ble High Court vide its order dated 14-6-2000 has directed the Tribunal to refer the following the questions to the Tribunal in terms of Section 130(b) of the Customs Act, 1962 :- 1. Whether the order of the Tribunal ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
