TMI Blog1987 (8) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... ing disposal of the appeal today. 2. A. No. G/176/87-MAS : On 13-12-1985 at about 12.45 p.m. on the basis of information, the officers of D.R.I., Madras Zonal Unit, Madras along with the officers of Customs and Central Excise, Visakhapatnam, intercepted" the appellant along with two persons at Walter Railway Station. The two other persons travelling with the appellant were each found in possession of 8 gold biscuits of foreign origin. The authorities effected seizure of the gold biscuits under a Mahazar. The appellant and the other two persons gave inculpatory statements to the effect that they went all the way to Calcutta for the purpose of transporting the contraband gold on behalf of Shri Mohd. Sali who sent them over to Calcutta, wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is no explanation for belated retraction either. The learned D.R. was advised to read out the entire statement of the appellant in order to bring home the substance of the charge that the appellant went all the way to Calcutta only agreeing to acquire possession, custody or control of the gold. Having gone through the entire statement of the appellant I find the same to be true and voluntary meriting acceptance corroborated by other evidence on record. The contravention of Section 8(1)(2) of the Act would be established if there is evidence to hold that the appellant agreed to acquire possession, custody or control of the gold in question. There is a categorical admission of the appellant himself in the statement for agreeing to have pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etted the commission of an offence in respect of the gold in question and in such a situation, in my opinion, the order of the original authority is correct and is sustainable in law. Be that as it may, under the impugned order the penalty has been reduced by bringing the offence under the mischief of Section 75 of the Act. At this stage, Shri Meerasahib, the learned counsel for the appellant, makes a fervent plea for reduction on the ground that the appellant is in abject poverty without any job and has been a victim of circumstance. It was urged that the appellant was in jail for one and a half months in connection with this case. Taking these factors into consideration, I reduce the penalty from Rs. 1,000/- to Rs. 500/- (Rs. Five hundred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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