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Issues:
1. Restoration of appeal dismissed by Tribunal. 2. Confiscation of foreign and Indian currency, car, and scooters. 3. Imposition of personal penalties on individuals. 4. Validity of statements recorded by officers. 5. Jurisdictional issue regarding adjudication. 6. Consideration of appellant's personal circumstances. 7. Comparison with judgments on co-accused. Issue 1: Restoration of appeal dismissed by Tribunal The appeal sought restoration due to the appellant's inability to attend the hearing because of health reasons. The Advocate for the Appellant and the Respondent had no objection to the restoration. Consequently, the Tribunal recalled the earlier order and restored the appeal to its original number. Issue 2: Confiscation of foreign and Indian currency, car, and scooters The case involved the recovery of substantial amounts of foreign and Indian currency from the individuals involved, along with details of their involvement in a scheme related to gold biscuits. The Commissioner, under the impugned order, confiscated the currency, car, and scooters, imposing significant personal penalties on the individuals. Issue 3: Imposition of personal penalties on individuals The Commissioner imposed varying personal penalties on the individuals involved based on their roles in the scheme and the amounts recovered from them. The penalties ranged from Rs. 1 lakh to Rs. 10 lakh, reflecting the seriousness of their actions as determined by the Commissioner. Issue 4: Validity of statements recorded by officers The Advocate argued that the statements were recorded under duress and pressure, challenging their voluntary nature. However, the Commissioner found no evidence to support this claim, noting that the statements were not immediately retracted and were made before a Magistrate without allegations of force or pressure. Issue 5: Jurisdictional issue regarding adjudication There was a jurisdictional challenge raised regarding the adjudication of the case by a Commissioner from a different region. The Advocate contended that the adjudication by a Commissioner outside the jurisdiction of issuance of the show cause notice was improper. Issue 6: Consideration of appellant's personal circumstances The Advocate highlighted the personal circumstances of the appellant, emphasizing his health condition, age, financial situation, and the relief granted to co-accused in a previous judgment. The plea for sympathetic consideration based on these factors was presented before the Tribunal. Issue 7: Comparison with judgments on co-accused The Tribunal compared the present case with judgments on co-accused individuals, where penalties were reduced. Since the appellant failed to provide material evidence to challenge the findings of the Tribunal in those cases or to demonstrate immediate retraction of statements, a penalty of Rs. 2 lakh was imposed, following the precedent set in earlier decisions. In conclusion, the Tribunal disposed of the appeal by reducing the penalty imposed on the appellant based on the evidence presented and the comparison with judgments on co-accused individuals.
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