9911796707
TMI Blog2002 (10) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... arising out of a Common Adjudication Order No. 26/2001, passed by the Commissioner of Customs, the issue to be decided is whether in the facts and circumstances of the case, penalty under Section 112(b) of the Customs Act is imposable on the appellants. 2. Briefly stated the facts are that acting on an information, the Customs Officers, intercepted a Bus on 13-6-97 at Kudy Village, Jodhpur. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 3. Shri Karmendra Chowdhary, learned Advocate submitted that the statements of all the eight persons from whose possession, the Indian Currency was seized were recorded when they were under the control and custody of the Customs Officers in the Customs House; that as such no reliance can be placed on their statements; that the Appellants had denied to have purchased gold or any smuggled gold i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ein it has been held by the Supreme Court that the statement made before the Customs Officials is a material piece of evidence collected by Customs Officials under Section 108 of the Customs Act. That material incriminates the petitioner inculpating him in the contravention of the provisions of the Customs Act. The material can certainly be used to connect the petitioner in the contravention..... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gly, penalty is imposable on Mahendra Soni as he acquired possession and dealt with the smuggled gold. I uphold the penalty imposed on him. 6. As far as other four Appellants are concerned, they had denied to have made any purchase of gold biscuits on 13-6-1997. Nothing incriminating had even been seized as a result of search of their business and residential premises. There is nothing to connec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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