9911796707
TMI Blog2003 (11) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... : Shri Naresh Thacker, Advocate, for the Appellant. Shri R.K. Chandan, JDR, for the Respondent. [Order]. Appellant is a goldsmith. In a follow up measure, consequent to seizure of 150 gold biscuits, his shop and residential premises were searched on 2-10-1992. The search of one residence resulted in seizure of foreign marked gold biscuits, and the other residential premises resulted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turned upon before the Customs officers and to depose the five gold biscuits to have been acquired from different persons who had imported them legally, it was given to him for making gold ornament, the sovereign were belonging to his sister and mother and maternal aunt and produce affidavits to that effect. The Indian currency was explained to have been of different family members and from his b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s statements were recorded on 2-10-92, 3-10-92 and 5-10-92 twice. He was a free man, who attended to the enquiries and deposed what he knew. He was arrested and produced before a Magistrate where he did not make a complaint about the confessions made on 2-10-92, 3-10-92 and 5-10-92 to be not depicting the correct positions. The retraction therefore made from the Jail on 12-10-92 on an affidavit ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to be relevant as regards the prompt explanation of the currency being savings. In any case the wife s statements have not been recorded or/and brought on record to disprove the claim. The confiscation of currency therefore is not upheld. The same is ordered to be released. (c) As regards penalty of Rs. 1,00,000/- imposed on the appellants who is admittedly only disposing off smuggled ..... X X X X Extracts X X X X X X X X Extracts X X X X
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