9911796707
TMI Blog2023 (7) TMI 1130X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant has purchase the smuggled gold through Sh. Ravinder Suri with illicit means - existence of corroborative evidences or not - HELD THAT:- On perusal of the records, it is coming on that the two ladies who were visiting India from Krgyzthan have stated that they have brought gold India through illicit means and the same was sold to one Shri Ravinder Suri, who in turn sold the gold to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Customs Act, 1962 r/w Section 13 of the Foreign Exchange Management Act, 1999. 2. The facts of the case are that on 28.08.2013 one Mrs. Zukhra Baltabaeva was to depart from IGI Airport, New Delhi to Bishkek, she was apprehended at the International Security Area by CISF officers and was handed over to Customs Preventive Departure officers alongwith foreign currency. As she was not well ve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00 and the recovered foreign currency belonged to her, during her last visit on 21.07.2017, she approached the said jewelers and they readily agreed to buy the same. 3. On the basis of the statement of Mrs. Zukhra, Customs officers visited to Hotel Aman International on 20.08.2017 where Ms. Lunduz Akiulova was staying after she had come to India. However, her statement was also recorded that wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the appellant. Owner of M/s OC Jewellers, Karol Bagh, New Delhi, who sent his worker to receive the gold alongwith payment in Indian rupees and he arranged US$ for Amardeep Singh Duggal, a money exchanger in Paharganj, on being required about purchase of 3833 gms gold from Zukhra, he stated that she came to her shop on 20.08.2017 to discuss the rate but did not sell the gold to him. On the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Shri Ravinder Suri, who in turn sold the gold to the appellant but neither the appellant has admitted that he have purchased the gold from Sh. Ravinder Suri nor any other corroborative evidence is available on record to prove that the appellant has purchased the smuggled gold as alleged. In that circumstances, I hold that no penalty is imposable on the appellant. Accordingly, the penalty imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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