9911796707
TMI Blog2011 (8) TMI 908X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellants filed these appeals against the common impugned order passed by the Commissioner of Customs, Airport, Mumbai, and are taken up together for disposal. 3. Brief facts of the case are that on 1.3.2007, the appellant Suresh Kumar Ranchhodass Ghaghada was intercepted by the Customs Officers when he was coming out of Baggage Hall at Chhatrapati Shivaji International Airport, Mumbai. On questioning, the appellant Shri Suresh Kumar Ranchhodass Ghaghada admitted that he was carrying cut and polished diamonds concealed in his baggage. On search from a biscuit box, cut and polished diamonds were recovered. Thereafter, on further search more diamonds were recovered from two shampoo-cum-conditioner bottles. The diamonds worth Rs 36,26, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds given by Manishbhai @ Jagdishbhai who arranged for his ticket and also offered him an amount of Rs 25000/-. Manishbhai @ Jagdishbhai was not found at the address disclosed by Mr. Gautam Madan Madrecha, partner of the travel agency. Show Cause Notice was issued on 6.8.2007 for confiscation of the seized diamonds and for imposition of penalties. The adjudicating authority ordered confiscation of the seized diamonds and imposed a penalty of Rs 20,00,000/- on Mr. Suresh Kumar Ranchhodass Ghaghada and Rs 1,00,000/- on Mr. Harnish Prabhudas Gutla @ Kanha under Section 112 (a) of the Customs act, 1962. 4. The learned counsel on behalf of the appellants submitted that the appellant Mr. Suresh Kumar Ranchhodass Ghaghada bought these diamonds i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve to the owner of the goods or, where such owner is not known, the person from whose possession or custody such goods have been seized, an option to pay in lieu of confiscation such fine as the said officer thinks fit." 7. In the present case, the appellant Mr. Suresh Kumar Ranchhodass Ghaghada, in his statement recorded under Section 108 of the Customs Act, 1962 admitted that the diamonds in question belongs to Mr. Manishbhai @ Jagdishbhai and he was only carrying the same and Mr. Manishbhai @ Jagdishbhai never appeared before the investigating officer or claimed the confiscated diamonds. As the owner of the diamonds in question is known; therefore we find no merit in the contention of the appellant that the same be released to him on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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