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TMI Blog2005 (6) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... : Rs. 20,00,000/- (v) M/s. Lufthansa Cargo : Rs. 5,00,000/- (vi) Shri J. Vasanth Kumar : Rs. 10,000/- (vii) Shri S. Manivannan : Rs. 10,000/- (viii) Shri Desh Kumar : Rs. 10,000/- Penalty under Section 112(b) : (i) Shri Ramesh Jain : Rs. 1,00,000/- (ii) Shri Mohanlal : Rs. 1,00,000/- (iii) Shri Madhukar Shet : Rs. 1,00,000/- (iv) Shri K.R. Ashwathnarayana : Rs. 1,00,000/- (v) Shri N. Vidyasagar : Rs. 1,00,000/- (vi) Shri B. Devraj Jain : Rs. 50,000/- (vii) Shri P. Nagaraj : Rs. 50,000/- 2. Only the following persons on whom penalty has been imposed have appealed, namely :- (a) Shri C.M. Uthappa Rs. 10 lakhs (b) Shri H.S. Ramakrishna Rs. 10 lakhs (c) M/s. Lufthansa Air Cargo Rs. 5 lakhs The other accused on whom penalties have been imposed have not filed appeal. However, one Shri C. Me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ri C.M. Uthappa identified the package as the same unloaded from the Aircraft and also agreed that he only instructed Shri J.M. Vasanth Kumar to unload the package near a blue colour Maruti car opposite to Indian Oil Corporation Bunker gate. As the officers suspected that the package may contain contraband goods, they detained the same under a spot Mahazar dated 19-6-1997 in the presence of independent witnesses for detailed examination at safe place and took the same to Headquarters Customs Office at Queen s Road, along with Shri C.M. Uthappa and J. Vasanth Kumar accompanied by witnesses. On examination of the said package, it was found to be contraband Gold Biscuits 270 nos. of foreign origin, totally weighing 2700 tolas i.e. 31.482 kgs. The same had been stuck at the bottom side of the card board with transparent cellophane tape. All the gold biscuits contained foreign markings and they were valued at Rs. 1,48,75,245/- Besides the gold biscuits, foreign branded 4 Video Cameras of National Panasonic make, Model M-3500 and other accessories were found. All were seized under Mahazar. The said packages were containing foreign marked gold biscuits and video cameras and other access ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... krishna for clearing the parcels containing gold sealed in the packages. Based on these two statements, the residential premises of Shri H.S. Ramakrishna was searched and the blue coloured Maruti car bearing No. KA 04 M 9081 was found in the premises which was used for transporting the contraband foreign marked gold biscuits besides electronic goods. The same were seized under Mahazar. In the car, they found one document in the nature of telephone directory containing the telephone numbers of Nasir and C.M. Uthappa. The Customs officials also recorded the statement of Shri Desh Kumar who off-loaded the said parcel. Shri Desh Kumar also implicated Shri H.S. Ramakrishna and also is loading in the Maruti car. The statement of Shri Yahya Shabandri was also recorded who gave the detailed statements implicating Shri H.S. Ramakrishna and Nasir. The premises of one Shri Rajesh Jain of M/s. Mahaveer Refinery was also searched and certain incriminating documents bearing markings Swiss Gold Jewellery Co. (L.L.C.), Swiss Gold Co., etc. were found. Shri C.M. Uthappa, in his detailed statements, clearly implicated Shri H.S. Ramakrishna and gave incriminating statements involving himself in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the statements having been resiled and hence there is no evidence against the appellants and that the appellants are innocent and have been implicated by the investigating officers; that Shri H.S. Ramakrishna s statements were not voluntary and were obtained under force and threat and he had complained about the ill-treatment and use of force to the Magistrate on his appearance. He has not been provided with the cross-examination of the officers and, therefore, the entire findings is not sustainable and the penalty imposed should be set aside. 8.The learned Counsel Shri B.V. Kumar submitted that all the documents pertaining to the import manifest had been filed which were in order. Thus the original documents have been seized from the residence of Shri C.M. Uthappa. Therefore, Shri Uthappa had committed the offence without the knowledge of the Airliner and, therefore, the Airliners cannot be implicated in the matter and imposed with penalty. He referred to the judgment of Garware Shipping Corporation Others v. J.H. Joglekar - 1984 (15) E.L.T. 375 (Bom.); Mugul Line Ltd. v. A.K. Dutt - 1990 (45) E.L.T. 382 (Bombay); Air India v. Addl. Collector of Customs (P) - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Commissioner in the impugned order are categorical, clear and unimpeachable. The enormous evidence leads to a clear conclusion about the involvement of the appellants. Therefore, the order holding them involved in the act of smuggling is upheld. The levy of penalty is, therefore, required to be upheld. The value of the gold seized was more than Rs. 1.4 crores and the penalty imposed on Shri C.M. Uthappa and Shri H.S. Ramakrishna is less than 10% of the value of the gold involved. They have been carrying on the activity for long and they have gone undetected. Therefore, there is no requirement for scaling down the penalty imposed. The penalty imposed on Shri H.S. Ramakrishna and Shri C.M. Uthappa to an extent of Rs. 10 lakhs each is confirmed. 11.In so far as the appeal of Shri C.M. Medappa claiming the seized currency of Rs. 3,61,000/- from the premises of Shri C.M. Uthappa is concerned, we find that the same has been rightly rejected by the Commissioner. Shri C.M. Medappa did not lodge his claim for a long period. Subsequently he came up with the plea that the cash was given by him to his son Shri C.M. Uthappa for the purpose of purchasing a flat. No corroborative evi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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