TMI Blog1999 (8) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... at on 25-4-1991, the officers of the Customs Department intercepted a truck bearing No. RNQ 5727, which was driven by Chagan Dhan and Tane Rao Singh, alias Tane Singh, the appellant, was also sitting in that truck. On the search of the truck, 1,000 foreign marked gold biscuits weighing 116.640 kg. valued at Rs. 4,22,50,000/- were recovered. Shri Tane Rao Singh, the appellant, in his statement under Sec. 108 of the Customs Act, admitted that the foreign marked gold biscuits were smuggled from Pakistan to India by one Pak National, called Alia and this consignment was meant for Allar Khan, the appellant. He also stated that a week prior to the recovery, Alia asked Tane Rao Singh to assist him in transporting the one consignment of the gold up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the appellant, Allar Khan, was not present at the time of recovery and he is not concerned with the smuggling of the gold. He submits that the residential premises of the appellant was searched in his absence and no opportunity of cross-examination to the Panch Witnesses was granted to him. He submits that the only evidence against the appellant, relied upon by the adjudicating authority, is his statement; the statement of co-noticee and recovery of some pages of DAWN newspaper from his residence. He submits that the appellant made a request to the adjudicating authority for comparison of his signatures in the statement with the signatures admitted, but this request was not acceded to by the adjudicating authority. He, further, submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, prays that the appeal be dismissed. 8. Heard both sides. 9. In this case, the foreign marked gold biscuits weighing 116.640 kg. valued at Rs. 4,22,50,000/- were recovered from the truck and Shri Tane Rao Singh, was sitting in the truck along with the driver. Tane Rao Singh, in his statement, recorded under Sec. 108 of the Customs Act, 1962 admitted his role in carrying the smuggled gold to the residence of Allar Khan on the asking of Alia and Allar Khan for the remuneration of Rs. 5,000/-. In his statement, he also submitted that the gold belonged to Allar Khan. Allar Khan, the appellant, in his statement under Sec. 108 of the Customs Act, 1962 also admitted that his role in smuggling and transporting the foreign marked gold. The c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause Notice. In view of the above decisions of the Hon ble Supreme Court, we find no force in the appeals filed by Allar Khan and Tane Rao Singh. However, taking into facts and circumstances of the case, we find that the penalty of Rs. 1,50,000/- each will meet the ends of justice. Therefore, the penalty imposed on Tane Rao Singh and Allar Khan is reduced to Rs. 1,50,000/- each. 11. In respect of appeal, filed by Gobind Lal, we find that Gobind Lal is the co-owner of the truck and he was not present at the time of recovery of the gold. Further, from the statements recorded under Sec. 108 of the Customs Act, 1962 of the co-noticees, we find there was no material on record to show that Gobind Lal was connected with the smuggling of the gol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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