Seizure of gold of foreign origin, silver granules and Indian ...

High Court Reinstates Confiscation and Penalties for Smuggled Gold, Silver, and Cash; Respondent's Claims Unsubstantiated.

May 16, 2024

Case Laws     Customs     HC

Seizure of gold of foreign origin, silver granules and Indian currency notes - The High Court overturned the CESTAT's decision, emphasizing that: The statements made by the respondent under Section 108 of the Customs Act were considered voluntary and credible, despite the subsequent retraction. The respondent's claim that the gold was obtained from melted old jewellery was unsupported by any documentary evidence. The burden of proof under Section 123 of the Customs Act lies with the person from whom the goods were seized, to prove they are not smuggled goods. The respondent failed to discharge this burden. The seized cash was linked to the sale proceeds of smuggled gold, given the lack of any legitimate source documentation. - The High court restored the adjudicating authority’s order, which included the confiscation of the gold, silver, and cash, and imposed penalties on the respondent.

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