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2016 (4) TMI 181 - HC - CustomsSeeking release and return of 1 No of Gold Bar and 3 Nos of Gold Cut Pieces - Goods possessed by the respondents and the statement taken from petitioner was not his voluntary statement and his signature was taken under threat and coercion - Held that:- it is clear that the entire Mahazar has been typed in English, however, the petitioner had signed in Tamil. Whether the contents of the Mahazar was explained to the petitioner was not mentioned in the statement. Therefore, based on the Mahazar, it cannot be stated that the petitioner had admitted, as stated by the respondents, in their Counter. When the petitioner had signed the Mahazar in Tamil, the respondents should have explained the contents of the Mahazar to the petitioner in Tamil and also recorded the same in the Mahazar. Therefore, based on the statement, recorded by the respondents alone, it cannot be said that the petitioner had admitted that he was smuggling the gold. Therefore, by following the decision of Division Bench, the petitioner can get the return of gold, on deposit of 50% of the duty for the value of Gold and on such deposit, being made, the second respondent can be directed to release the gold. - Decided in favour of petitioner
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