2021 (3) TMI 1254

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..... that the said impugned order has to be stayed since there is ample evidence to prove that the respondent was in possession of smuggled gold - HELD THAT:- No prima facie case made out by petitioner so as to grant stay during pendency of this appeal. If the prayer in the stay application is allowed it would be as granting the appeal itself which cannot be done at this preliminary hearing of stay ap .....

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..... e respondent and set aside the penalties as well as confiscation of gold. Ld. A.R submitted that the said impugned order has to be stayed since there is ample evidence to prove that the respondent was in possession of smuggled gold. She also relied upon the following judgements : (1) CC (Preventive) Mumbai Vs Shri Shamshuddin MA Kadar 2010-TIOL-753-HC-MUM-CUS. (2) CESTAT Chennai Final Order No.4 .....

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