2006 (12) TMI 422

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..... emsp;The relevant facts that arise for consideration are that Customs officers received information from the Surat Railway police station that they have apprehended a passenger carrying 50 gold bars of foreign origin. Customs authorities seized the said 50 gold bars under a panchanama and after recording statement of the passenger, further investigation was carried out by the officers. After recording statements of the all the appellants and other persons, a show cause notice was issued to the current appellants proposing the confiscation of the seized gold bars and for imposition of penalties. All the appellants resisted the show cause notice on the ground that the said gold bars were in their licit possession and they had documentary evid .....

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..... perused records. It is the claim of the appellants that gold bars were purchased by them from M/s. C. Arvindkumar & Co. vide bill No. 7419, dated 17-1-2002. It is on record and undisputed that M/s. C. Arvindkumar & Co. had purchased these gold bars from M/s. K.L. Choksi, who had in turn purchased the same from M/s. Gitanjali Exports Corporation. M/s. Gitanjali Exports Corporation had purchased Gold bars from M/s. State Bank of India, who had imported the same vide Bill of Entry No. 238/2001, dated 15-1-2001. It is seen from records that the officers have recorded the statements of all the authorised person of M/s. Gitanjali Exports Corporation, K.L. Choksi and C. Arvindkumar & Co., which would indicate that the gold bars were in their lici .....

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..... ble to discharge their burden that said gold bars were imported illegally while the appellant has been able to demonstrate that the said gold bars were in their licit possession. We have no hesitation in holding that the absolute confiscation of the seized gold bars is unsustainable, as all the documentary evidences produced indicate that the gold bars were legally imported. We set aside the confiscation of the said gold bars. Since confiscation of the gold bars is set aside, the consequent penalties imposed on the appellants are also liable to be set aside. 7. Accordingly, the impugned order is set aside and appeals allowed, with consequential relief. (Pronounced in the open Court on 29-12-2006)
Case laws, Decisions, Judgements, .....

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