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2009 (5) TMI 710

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..... aring registration No. TN 04 M 9595 in the parking lot of Anna International Airport, Chennai in which there were four occupants, viz., S/Shri Lakshminarayanan, Kathiravan, Janakiraman and Partheeban. They stated that they had come to the Airport to receive gold jewellery from certain passengers arriving from Singapore and the officers found them in possession of a list containing names, passport numbers and colour photos of some person and some Indian currency. The documents in possession of Shri T.B. Lakshminarayanan and the Indian currency in the possession of the four occupants of the vehicles were seized. All the above four persons were taken into the arrival hall of the international airport. One Shri Pachaimuthu, whose name and photo .....

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..... hri Ramesh by adopting novel modus operandi with the help of his employees. In the light of the above background, show cause notice was issued proposing confiscation of the gold jewellery valued at Rs. 58.28 lakhs seized on 7-12-07 under Sections 111(d), 111(l) and 111(m) of the Customs Act, 1962, proposing confiscation of the seized currency under Sections 111(d), (l) and (m) of the Act and proposing imposition of penalty on Shri G.V. Ramesh, all thirteen passengers and four occupants of the Toyota Qualis car. The notice was adjudicated by the Commissioner who ordered absolute confiscation of the gold jewellery along with foreign currency seized from the passengers, confiscated 10,000 Singapore Dollars from Shri G.V. Ramesh with an option .....

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..... , (l) and (m) as he was not one of the passengers and prima facie no case has been made out by the department against S/Shri Lakshminarayanan, Partheeban, Kathiravan and Janakiraman for the same reason. We, therefore, waive pre-deposit of the penalties imposed upon all the applicants and stay recovery thereof pending the appeals. 5. The prayer for early hearing of the above appeals is allowed as the jewellery brought in by passengers has been absolutely confiscated and the arguments in this case are not likely to be lengthy and consume much time. The appeals are, therefore, fixed for final hearing on 9-7-09. 6. The prayers in the miscellaneous applications filed by Shri G.V. Ramesh for release of the car and currency as well as the pra .....

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