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2019 (2) TMI 1728 - DELHI HIGH COURTImposition of excessive nature of penalty imposed - Smuggling - Gold - contraband item - HELD THAT:- What is apparent is that the appellants were carriers of the contraband; it is equally matter of record that the gold was confiscated and subsequently auctioned. The duty amounts were realised in those proceedings. The penalty imposed upon them, needs to be reduced in the interest of justice - Accordingly, penalty imposed upon Keshav Dev, Prashant Modi, Mukesh Batham are hereby reduced to ₹ 75,000/- each and in the case of Lucky Raikwar the penalty amount is reduced to ₹ 1,00,000/-. The pre-deposits made by each of them, as a requirement of the hearing of their appeals before the CESTAT, shall be duly adjusted in the recovery of the amounts; it is clarified that only the balance amounts, if any, need to be paid by them. Appeal allowed in part.
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