9911796707
TMI Blog2004 (2) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... ey were liable to confiscation as per the provisions of Customs Act, 1962 as Jabbar Singh Thakur could not produce any legal documents to prove the licit import of the gold or give any satisfactory explanation regarding the possession of the same. In his statement of the same date, he deposed that he was employed with one Shri Suresh Jain (Suresh Kumar Raisoni) of M/s. Rajendra Textiles, Grant Road, Mumbai; that as directed by his employer he had visited M/s. K.K. Chains to deliver foreign marked gold biscuits to Shri Phoolchand K. Jain on 10-15 occasions; that he had delivered foreign marked gold biscuits to Shri Phoolchand K. Jain; that on 19-8-97 in the afternoon Shri Suresh Jain gave him gold biscuits in question and told him that they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad sent Jabbar Singh Thakur on that date; that he does not know any one named Suresh Raisoni. 2. Comparison of the Baggage Receipt dated 22-4-97 produced by the proprietor of M/s. Arihant Bullion Gem Jewellery indicated import of 85 gold bars of 10 tolas each totally weighing 9915 gms. bearing marking "999.9 10 Tolas"; the gold bearing the marking 999.9 written in a circle in top portion and with word "10 tolas" written in the centre of the gold bars, whereas, out of the 42 foreign marked gold biscuits recovered from Shri Jabbar Singh Thakur, 39 bore the markings "PGJ 10 Tolas MELTER ASSAYER 999.0" and 3 gold biscuits bore the markings "UBS - Union Bank of Switzerland, 10 Tolas, MELTER ASSAYER 999.0" which indicated that the markings of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition, to substantiate their case that the gold was not liable to confiscation as it forms part of a larger consignment of 170 gold bars imported by Shri Bhagwan G. Mathani (85 gold bars) and his daughter Ms. Liana Mathani (85 gold bars) both NRI's holding Singapore Passport who arrived from Singapore in Mumbai on 22-4-97. We have carefully gone through the judgment relied upon. The facts as narrated in the order of the Sessions Court in Criminal Revision Application No. 42/98 are that on 31-3-1998, 116 gold biscuits were from a car travelling from Ahmedabad to Bombay, FIR was lodged, accused were arrested and the gold was recovered. The gold was handed over to the Customs department, Bhupendrabhai H. Thakker moved the Judicial Magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Bhupendrabhai Thakker (agent of Bhagwandas Mathani) did actually purchase the gold legally imported by Shri Bhagwandas Mathani. Further the markings on the gold biscuits seized are totally different from the markings on the 85 gold bars imported by Mathani on 22-4-97 and shown in the Baggage receipt for payment of duty on the gold. In these circumstances, we hold that the appellants had failed to discharge the burden cast upon them that the gold is not of smuggled origin. We, therefore, uphold the confiscation. However, having regard to the fact that gold though a restricted item, is not prohibited and to the liberalisation in import of gold, we permit Shri Suresh Kumar Raisoni to redeem the gold on payment of fine of Rs. 5 lakhs (Rupees ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
