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TMI Blog2024 (6) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... being smuggled by the 1st petitioner or about his plan of smuggling in collusion with one V.Girinath. The 2nd petitioner found to be an unsuspecting traveller who trusted the 1st petitioner who was taking three women on a tour to India for temple visits. It is observed in the adjudication proceedings order, the packet containing gold was kept in the handbag of the 2nd petitioner who lacks intelligence and common sense to refuse the same. Added to it, the 2nd petitioner being a foreign national, she might not be aware of Indian law of bringing gold as bar and to what extent it is permissible - The finding is that the evidence pointed towards the innocence of the 2nd petitioner and her mistake seems to be accompanied the 1st petitioner and allowed him to keep the gold bar in her bag. It is seen that the 2nd petitioner already deposited Rs. 10,00,000/- as per the order of this Court - The 2nd petitioner's son Sheveendra aged 10 years, is taking treatment as inpatient in Loh Guan Lye Specialists Centre, Malaysia. The medical certificate and photograph of her son taking treatment produced, but not seriously disputed. It is to be noted that there is Extradition Treaty between the Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- as on that day. Thereafter, the petitioners were arrested, gold bars seized, their travel documents including passports seized by the respondent since the act of the petitioners are in violation under the provisions of The Customs Act, 1986. 3. Later, the petitioners were granted bail by this Court on 09.06.2022 in Crl.O.P.No.12967 12969 of 2022 with certain conditions. In the meanwhile, confiscation proceedings initiated by the Additional Commissioner of Customs, Headquarters, Trichy in Order-in-Original No.31/2023 and 24 carat foreign origin gold bars weighing 4.200 kgs valued around Rs. 2,25,54,000/- confiscated and penalty imposed. Aggrieved over the same, the petitioners preferred an appeal before the Commissioner of GST and Central Excise (Appeals), Coimbatore in Order-in-Appeal Nos.06 07/2024. The Commissioner (Appeals) by order, dated 07.03.2024 confirmed the confiscation and reduced penalty to Rs. 70,00,000/- to the 1st petitioner and Rs. 1,00,000/- to the 2nd petitioner. Now, the investigation completed and complaint filed in C.C.No.1698 of 2022 before the trial Court. 4. The learned counsel for the petitioners submitted that the father of the 1st petitioner Muniyandi, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. 6. He further submitted that the petitioners have got no bad antecedents of similar activities earlier. Due to the above case, they are forced to stay in India having no support and income. The petitioners are facing great difficulty to sustain themselves. Added to it, the trial is also getting delayed. If the petitioners are permitted to travel Malaysia, they will come back after a short stay and the petitioners shall appear before the trial Court and for the adjudication proceedings as and when directed and they will not be a reason for any delay. He further submitted that there is Extradition Treaty between the Government of the Republic of India and the Government of Malaysia, hence, the respondent's apprehension of the petitioners' abscondness is unfounded. Making the above submissions, the learned counsel for the petitioners prays to set side the impugned order. 7. Mr.N.P.Kumar, learned Special Public Prosecutor appearing for the respondent Police submitted that the petitioners are foreign nationals, on their arrival at Coimbatore Airport, they were found indulging in smuggling of gold bars, hence, arrested. At the time of arrest, the passports of the petitioners w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claring to the customs authorities and they were intercepted while passing green channel. The petitioners arrested, gold bars seized and now confiscated. The petitioners were later granted bail by this Court in Crl.O.P.Nos.12967 12969 of 2022 on 09.06.2022 with a direction to deposit Rs. 10,00,000/- each apart from other conditions. In obedience to the order, the petitioners deposited the said amount. The contraband gold confiscated in Order-in-Original No.31/2023, dated 06.03.2023 and further the petitioners directed to pay penalty of Rs. 1,10,00,000/-. Aggrieved over the same, the petitioners filed Order-in-Appeal in Nos.06 07 of 2024 wherein confiscation confirmed, penalty as against the 1st petitioner reduced to Rs. 70,00,000/- and penalty imposed on the 2nd petitioner reduced to Rs. 1,00,000/-. 11. In the confiscation proceedings/appeal, as regards 2nd petitioner is concerned, lenient view taken since her intention was to come to India, visit Temple and she had no idea about gold being smuggled by the 1st petitioner or about his plan of smuggling in collusion with one V.Girinath. The 2nd petitioner found to be an unsuspecting traveller who trusted the 1st petitioner who was ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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