TMI Blog2008 (9) TMI 688X X X X Extracts X X X X X X X X Extracts X X X X ..... s evidencing licit import/acquisition thereon. Another 15 Foreign Marked Gold Biscuits of 10 Tolas each and Indian currency of Rs. 8,50,000/- was also recovered on same date from Room No. 12, 4th Floor, Dalal Street, Mumbai Central in the presence of its occupants S/Shri Babulal Jain, Pravin F. Joshi and Appurarn Bishnoi and seized under the reasonable belief that they were liable to confiscation since no documents for licit import thereof were produced, and the Indian currency was admitted to be sale proceeds of smuggled gold. Shri Ramdas Bhikaji Satpute stated that in March, 1993, he met one Maharaj (Nainmal Joshi) and told him that he could deliver smuggled gold to him, that he had earlier received 8 Foreign Marked Gold Biscuits from Mah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idence, show cause notice proposing confiscation of 30 Foreign Marked Gold Biscuits under seizure under the provisions of Section 111(d), confiscation of Indian currency under Section 121 and imposition of penalty on S/Shri Babulal Jain, Nainmal Joshi, Pravin Joshi and others under Section 112(b)(i) of the Customs Act, 1962 was issued on 12-11-1993. Vide order dated 26-12-1994, the Commissioner of Customs ordered absolute confiscation of the gold, the Indian currency, and scooter used for transport of the smuggled gold (seized from Room No. 12, Dalal Street, Mumbai Central), and imposed penalties on the noticees; Shri Ramdas Sapute and Babulal Jain filed appeals before the Tribunal which by its order 29-6-2000 set aside the order of the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght to the notice of the Commissioner by the appellant s Consultant by the letter dated 9-11-2000. In spite of this, the Department has not taken any steps to confirm with Mrs. Parmar whether the above telephone was installed in her residence and whether the present appellant used to come to her residence for making or receiving calls on that phone. Neither Babulal Jain nor Nainmal Joshi have identified the present appellant as the person who used to supply smuggled Gold Biscuits to them. Therefore, even if the stand of the appellant that he was away from Mumbai since Feb. 1993 till Nov. 1993 for contesting election in his constituency in Rajasthan (he was declared elected in his constituency in Nov. 1993), is not accepted, the evidence on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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