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TMI Blog2022 (9) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... e officers of Airport Intelligence Unit, Ahmedabad found that Shri Jignesh Savaliya working as Duty Officer, M/s Globe Ground India on 04.06.2019, to be behaving in a suspicious manner with a passenger in the Aerobridge of Bay No.32 and found to be in possession with yellow metals. The officers conducted personal search of Shri Jignesh Savaliya whereby it was found to him carrying 9 brown packets in the presence of panchas under panchanama dtd. 04.06.2019. The officers opened the packet and found the same contained 47 gold bars. The officers seized the said gold under Seizure memo dated. 04.06.2019. Statement of Shri Jignesh Savaliya was recorded wherein he stated that the said gold bars were given to him by a person named Shri Lokesh Sharm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... handed over to Shri Jignesh Savaliya, either in the Aerobridge or in the ramp area of the airport. Shri Jignesh Savaliya had been concealing the gold in the dress worn by him and smuggled the same into India by exiting SVPI Airport, Ahmedabad and was handed over by him to Shri Rutugna Trivedi or the specific person sent by Shri Rutugna Trivedi and informed to Shri Jignesh Savaliya. Adopting the above modus operandi, Shri Rutugna Trivedi and his associates smuggled into India 4886.206 Kgs. Gold during the period from 07.03.2013 to 26.05.2019. The authenticity of the details of the gold smuggled into India by various carriers sent by Shri Rutugna Trivedi has also been corroborated by the travel details provided by the travel agent through who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show cause notice against the Appellant is that he has abetted Shri Jigensh Savaliya in execution of his work of taking the gold out of Airport. Appellant was working as Ramp Service Agent, AIATSL at Ahmedabad International Airport. The allegation is that the appellant was aware the illicit activity, but remained silent and hence, proposal was made for imposition of penalty. The aforesaid allegation is totally contrary to the statement recorded by the Appellant as well as reply submitted. Appellant was not aware about the gold smuggling. He was only informed that an I-phone packet is received. I-Phone import being regularly done by passengers, he did not find any wrong. Appellant was subsequently informed by Shri Jignesh that he was involv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h sides and perused the record. To examine the above issues, it would be appropriate to extract Section 117 of the Customs Act, 1962 which read as under :- "Penalties for contravention, etc., not expressly mentioned. - Any person who contravenes any provision of this Act or abets any such contravention or who fails to comply with any provision of this Act with which it was his duty to comply, where no express penalty is elsewhere provided for such contravention or failure, shall be liable to a penalty not exceeding one lakh rupees." A plain reading of Section 117 of the Customs Act it is clear that the said provision provides for imposing penalty if a person contravenes any provision of Act or abets any such contravention. In the impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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