9911796707
TMI Blog2004 (1) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... s these documents are already part of the adjudicating order, therefore, the application is allowed. 2. Appellants filed this appeal against the adjudication order passed by the Commissioner of Customs whereby the penalty of Rs.10 lakhs was imposed under Section 112 of the Customs Act. 3. Brief facts of the case are that on 16-5-1992 one Shri Rajendra Soni was apprehended with Indian currency of Rs. 21,23,050.00 Shri Rajendra Soni in his statement disclosed that the currency is the sale proceed of smuggled gold. The Currency was taken into possession. Thereafter, the statement of Shri Radhey Shyam Sharma was recorded and he in his statement stated that Shri Rajendra Soni and one Shri Ahmed Bhai came to the shop of the appellants and del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... everal times and was getting Rs. 300 per Rs. 1 lakh as his remuneration for carrying the sale proceeds. It was also admitted by him in his statement dated 17-5-92 under Section 108 of Customs Act, 1962 that he had been residing in Bombay with his family where he worked as goldsmith and used to carry foreign marked gold biscuits from one place to another for monetary gain. This brought him close to one Ahmed Bhai and he visited several places for delivery of foreign marked gold biscuits along with Shri Ahmed Bhai. Shri Rajendra Soni further stated in his statement dated 17-5-92 that on 13-5-1992 Shri Ahmed Bhati approached and gave him 45 foreign marked gold biscuits of 10 tolas each at Bombay. As per the directions of Shri Ahmed Bhai, Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the evening flight to Bombay along with the Indian Currency of Rs. 21,20,000/- (Rs. 5,20,000/- + Rs. 16,00,000/-). Shri Rajendra Soni then purchased an Air Ticket No. 581/1761795 for flight No. IC 493 for 16-5-92 in a fictitious named of Dinesh Patel. 10. Thereafter the statement of one Radhey Shyam Sharma was recorded who in his statement stated that he had been employed in M/s. Ram Narain Sriram Soni, Akchar Walom Ki Gali, Gopal Ji Ka Rasta, Jaipur for the last 10 days; that Shri Kashi Prasad Soni and Shri Ganshyam Soni were the proprietors of this firm which dealt in the business of gold and silver ornaments; that he delivered smuggled foreign marked gold biscuits to different parties 5 or 6 times on behalf of his master Shri Kashi Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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