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2015 (1) TMI 670 - BOMBAY HIGH COURTConfiscation of gold - Search of premises of assessee resulted in seizure of huge quantity of gold - conscious possession - Tribunal vide judgment [2006 (9) TMI 473 - CESTAT, MUMBAI] held that the primary gold in the form of 12 gold slabs and 13 gold rods were not in conscious possession of the appellant. However, the Tribunal upheld the confiscation of 18 gold foils weighing 49.300 g. and allowed to be cleared on payment of redemption fine - Whether, in terms of criteria/guidelines laid down by the Hon’ble High Court in paragraph 18 of its remand order [2006 (4) TMI 167 - HIGH COURT OF JUDICATURE AT BOMBAY], this Tribunal was right in holding that there was no reason to disagree, on the question whether the respondent (accused) was in conscious possession of primary gold, with the findings arrived at by the Chief Judicial Magistrate - Held that:- If the answer to all the laid down questions for determining liability is in the affirmative, then the Revenue Authorities would have no other option but to follow the finding given by the learned Criminal Court. In that view of the matter, we find that the learned Tribunal on remand was justified in holding that there was no reason to disagree on the question whether the respondent accused was in conscious possession of primary gold with the findings as arrived by the learned Chief Judicial Magistrate - Decided against Revenue.
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