9911796707
TMI Blog2024 (9) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... or says as per our best knowledge Therefore, prima facie this report is not reliable because it has been prepared on the basis of visual examination and if it is based on visual examination, the author could not have used the expression as per our best knowledge. Moreover, he does not even explain from where so called knowledge was generated. Hence prima facie, this is not satisfying. Seizure memo, a copy whereof at Exhibit-H to the petition being Seizure Memo No. 06/2024-25 dated 7th May 2024 states that the declared value is Rs. 7,70,80,299.47. Mr. Shah states 50% of that would be Rs. 3,85,40,149.73. We shall round it off to Rs. 1,40,00,000/-. Upon petitioner giving a bank guarantee of a nationalised bank for Rs. 1,40,00,000/-, respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of any goods, the importation or exportation whereof is prohibited under this Act or under any other law for the time being in force, and shall, in the case of any other goods, give 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: Provided that where the proceedings are deemed to be concluded under the proviso to sub-section (2) of section 28 or under clause (i) of subsection (6) of that section in respect of the goods which are not prohibited or restricted, no such fine shall be imposed. Provided further that, without prejudice to the provisions of the proviso to su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it. 6. The second proviso indicates how much fine could be levied and it says that such fine shall not exceed the market price of the goods confiscated, less in the case of imported goods the duty chargeable thereon. Ofcourse, under sub-section (2), there is power to levy duty and charges payable on such goods. 7. Respondent rely upon an examination report dated 5th June 2024 to suggest that the goods are crude rounded structure made of embossed silver strips which are joined together to make it look like a bangle. We should note that the author of the report has even put a disclaimer in the report because the author says as per our best knowledge . Therefore, in our view, prima facie this report is not reliable because it has been prepared ..... X X X X Extracts X X X X X X X X Extracts X X X X
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