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TMI Blog2001 (5) TMI 794X X X X Extracts X X X X X X X X Extracts X X X X ..... ch of Shri Jain's person led to recovery of Indian currency of Rs. 2500/- and foreign currency equivalent to Rs. 2,85,125/-. The search of his residence resulted in the further recovery of foreign exchange equivalent to Rs. 50,938/- Indian Currency of Rs. 2,44,500/- and miscellaneous goods of foreign origin valued at Rs. 45,900/-. The search of his shop resulted in the further recovery of goods of foreign origin of Rs. 15,000/-. In his statement recorded on 14-6-1996 Shri Jain admitted to dealing in goods of foreign origin. He claimed that he used to take the goods from one Shri Prakash Jain who was the owner of a shop and the employer of Shri Mangilal Chaudhary. He admitted that the seized currency was the sale proceeds of smuggled goods. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esent appeal. 3. The case was argued by Shri V.M. Advani for the appellants and Smt. Reena Arya for the Revenue. 4. Shri Advani submitted that the goods seized from the shop and the residence were not kept for sale. He submitted that the first statement of Shri Ambalal Jain was recorded under duress. Shri Ambalal was a sick person having undergone surgery. The coersion and the worry of his health compelled him into making a confessional statement which was retracted at the earliest possible opportunity. He submitted that the currency seized from the residence was not sale proceeds. Shri Ambalal's son was working at Surat in a jewellery shop. The owners had sent him to Bombay for purchase of gold and silver. For this purpose he w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irst statement of Shri Ambalal Jain can be used against him. 7. I have examined the list of goods appended to the Panchanama seized from Shri Ambalal Jain's residence and shop. Except for the leather belts of 24 pcs. and 154 pcs. of umbrellas the goods seized from his residence are not in trade quantities. Shri Advani submits that the wrist watch was old and used. The other wrist watches are cheap. The other goods were not listed in the notifications issued under Chapter IVA of the Customs Act. The show cause notice does not allege the liability to confiscation of goods under Section 111(d) of the Act. In this situation I uphold the confiscation of the umbrellas and the belts totally valued at Rs. 23,100/- and market value at Rs. 53,6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be rejected. 10. Earlier I have held that the confessional statement of Shri Ambalal Jain is of evidential value inspite of the retraction. In view of the corroborative evidence on this ground also the orders of confiscation under Section 121 are upheld. 11. Shri Advani submits that his client had lost very heavily. He has also been prosecuted by the Customs. Inspite of the passage of 4 years the proceedings are at a preliminary stage only. His client is in financial difficulty. On this ground he seek remission of the penalty imposed. These submissions have merit. Therefore while upholding the propriety of the levy of penalty on Shri Ambalal Jain, I deem it proper to reduce the quantum from Rs. 1 lakh to Rs. 20,000/-. 12.&e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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