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2005 (2) TMI 601

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..... Respondent. [Order]. Briefly the facts that on 24-9-1995 the Customs Officers seized 24,600 gms of gold from Ethiopian Airlines Flight No. ET/670. Investigation revealed that the co-pilot of the flight, Nahusenay Getachew, was the person who illegally brought the said gold into India, concealing it in the cockpit. In his statement admitted on an earlier occasion he smuggled gold weighin .....

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..... he was familiar with Raghani and his wife. The incriminating statements given both by Raghani and Getachew were retracted. 3. Based on this evidence, the Commissioner imposed a penalty of Rs. two lakhs on Shri H. Raghani under Section 112(b) of the Customs Act as he dealt with the smuggled gold. Hence this appeal. 4. Heard both sides. 5. The ld. advocate Shri Sachwani appearing for the appel .....

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..... imposing a penalty under Section 112(b) of the Customs Act; that the appellant was supposed to be a garment dealer but approximately 200 gms gold was seized from his shop; that in the facts and circumstances of the case, the appellant was rightly held to be a person concerned under Section 112(b). 7. I have given careful consideration to the rival submission. The degree of evidence that is requ .....

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..... n to disbelieve the version given by him. The appellant also admitted that he received the gold weighing 3 kgs from the foreigner. I now consider the plea that the penalty of Rs. 2 lakhs is excessive. Considering the value of the gold and the circumstances of the case, I am inclined to reduce the penalty to Rs. 1 lakh. 8. The appeal is partly allowed. The penalty imposed under Section 112(b) is .....

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