TMI Blog2011 (1) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... ad not declared the said goods - He has agreed the government order to pay the redemption fine on 10th January, 2006 of Rs. 53,55,688/- @ 55% of the gold value - What has prompted the petitioner to file the present petition is the fact that he has been ‘acquitted’ in the criminal prosecution - Criminal prosecution is different hence no merit is found on the present case and the same is dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itoIGIAirport,Delhion2nd October, 1997. 125 pieces of gold biscuits weighing 14.575 kgs valued at 67,04,500/- and misc. goods valued at Rs.37,200/- were recovered and seized from him. 3. The case of the petitioner is that he was monitored right from the aerobridge and intercepted at the baggage belt and thus prevented from approaching the Red Channel Counter to declare the goods and to pay the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l) of the Act. The adjudicating authority had also ordered confiscation of misc. goods valued at Rs.37,200/- but gave option to the petitioner to redeem the same on payment of redemption fine of Rs.50,000/-. Personal penalty of Rs.5 lakhs was imposed on the petitioner under Section 112(a)(b) of the Act. 4. The petitioner preferred an appeal but the same was dismissed by the Commissioner (Appeal) b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,688/- @ 55% of the gold value. He did not question and challenge the order of the Central Government dated6th December, 2005till the filing of the present writ petition in 2011. What has prompted the petitioner to file the present petition is the fact that he has been acquitted in the criminal prosecution. The criminal prosecution is a separate proceeding and the standard of proof required is d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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