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2016 (11) TMI 559 - HC - CustomsSmuggling of gold - gold jewellery confiscated on the ground that it was not declared - the petitioner in his voluntary statement stated that he was carrying the Gold jewellery given by some other person in Singapore to deliver the same to his family without declaring to the customs - whether confiscation justified? - jurisdiction under Article 226 of the Constitution of India - this Court will consider as to whether the impugned order suffers from any perversity or non-application of mind - Held that: - the first respondent has given independent reasons as to why the revision petition does not merit consideration. The petitioner cannot take umbrage to N/N.31/2003 dated 1.3.2003 as he does not fall within the definition of "eligible passenger". That apart, the authorities have concurrently recorded that the petitioner did not file true and correct declaration and attempted to smuggle the Gold Jewellery. That apart, while ordering absolute confiscation, the first respondent has referred to a decision of the Bombay High Court in the case of Union of India vs. Mohammed Aijaj Ahmed, [2009 (7) TMI 308 - BOMBAY HIGH COURT]. In the light of the independent reasonings given by the first respondent, this Court is not inclined to interfere with the factual reasons recorded and consequently, the petitioner has not made out any case for interference - petition dismissed - decided against petitioner.
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