TMI Blog2003 (11) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... d on the appellants by the Deputy Commissioner of Customs in a case involving seizure of foreign currency amounting to US $ 21,600. The appellants pleaded before the lower authorities that he was not present in the premises at the time of search. The currency was seized from the possession of Shri Jolly Anthony who in his statement claimed to have received the currency from the appellant. The appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statements of co-accused. There is a total lack of independent corroboration of the version figuring in the statements of the co-accused. The orders of the lower authorities imposing penalty on the appellants are clearly based on assumptions and presumptions and lack any cogent, tangible or reliable evidence. The same cannot be sustained. 4. Accordingly the penalty imposed on the appellant in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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