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TMI Blog2018 (2) TMI 949X X X X Extracts X X X X X X X X Extracts X X X X ..... he brief facts of the case are that intelligence was gathered that Shri Abdul Gafoor is dealing with smuggled gold. Therefore, on 25.06.2015, Shri Abdul Gafoor was searched and during the course of search a packet was found having gold bar weighing 1 Kilogram and a piece of a gold bar weighing 210.280 grams. These gold bars in terms of Section 123 of the Customs Act, 1962 are restricted goods and source of procurement of gold is required to be shown by the persons from whose possession these items has been recovered. The statement of Shri Abdul Gafoor was recorded who stated that he is a goldsmith and got this gold from M/s. Keshavlal Khemchand & Sons Pvt. Ltd., Mumbai for making ornament but no licit document was produced for procurement o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d gold. No investigation was conducted at the end of the dealers to identify whether they have supplied gold to M/s. Keshavlal Khemchand & Sons Pvt. Ltd., therefore penalty on M/s. Keshavlal Khemchand & Sons Pvt. Ltd. is not imposable. It is further submitted that as the gold in question is available in the open market and during the course of investigation it was stated by M/s. Keshavlal Khemchand that they were procured the gold from open market, therefore it cannot be held that these are not smuggled gold and liable for confiscation. He also relied on the decision of S.K. Chains Vs. CC - 2001 (127) E.L.T. 415 (Tri.-Mum.). 4. On the other hand the learned AR opposed the contention of the learned counsel and submitted that as per Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n that circumstances, the penalty on Keshavlal Khemchand is rightly imposed. 6.2. With regard to confiscation of gold in question, I find that the source of procurement of the gold has not been established. In that circumstances, the gold is rightly confiscated. 6.3. With regard to case-law relied upon by the learned counsel in the case of S.K. Chains (supra) I find that in that case the appellants were able to show the source of procurement of gold as Shri Bhulchandani who was a passenger carrying the gold could produce the document to that effect and payment of that gold was made through account payee cheque. Therefore, the facts of the said case are not applicable to the facts of this case. 7. In view of the above analysis, I do not f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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