Gold Smuggling: Failure to Prove Legal Import of Swiss Bank-Marked Bars Results in Confiscation Under Section 123

HC ruled on gold smuggling case involving violation of Customs Act. Appellant failed to discharge burden of proof under Section 123 regarding gold bar with Commerz Bank Switzerland markings. While claiming legitimate import through NATAXIZ, Bank of Novascotia, and Standard Bank via MMTC Ltd, documentation provided did not correlate with seized items. Court upheld CESTAT's finding that gold bars lacked valid import documentation, violating Section 111. Though penalty was justified under Section 112, amount was reduced considering appellant's limited role. HC found no legal infirmity in CESTAT's interpretation of Chapter 14 provisions regarding confiscation and penalties. Appeal dismissed with modified penalty. .....

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