2009 (5) TMI 800

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..... the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - The appellant challenges the imposition of penalty of Rs. 1 lakh for smuggling rough diamonds and gold into India and smuggling out cut and polished diamonds outside India. 2. We have heard both sides. The case of the department is that diamonds and gold seized from Shri M.K.S. Abubucker brother of the appellant herein, we .....

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..... nd that Shri Kasim Mustafa was one of the accused before the ACCM and vide judgment dated 24-1-2008 in EOCC case No. 290/89, the court has accepted that Shri Kasim Mustafa s statement was recorded under torture and, therefore, it cannot be relied upon as against Shri Kasim Mustafa himself or the others. 3. Therefore, there is no basis for the finding that the appellant was involved in the offenc .....

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