TMI Blog1996 (1) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... to challenge the order dated 14th August, 1995 passed by the Joint Secretary to the Government of India setting aside the order passed in appeal on 11th January, 1994 and restoring the original order dated 30th November, 1993 under which 100 Kgs. of silver valued at Rs. 5 lacs was absolutely confiscated. 3. The Petitioner landed in India from Dubai on 18th November, 1993. Though he claims, he h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in order to claim the benefit of the said Notification No. 4 of 1993, it was not necessary for the Petitioner to own the silver imported; it was enough if the Petitioner was a mere carrier. We have perused the affidavit in reply filed by Shri A.H. Murshedkar, Assistant Collector of Customs, as also that of Shri Bakul Bakshi, the Commissioner of Customs (Airport). In our view, in the light of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and/or concealment, confiscation of the goods could follow. This is also clear from the instruction at paragraph 1(iv) of the Additional Collector's Instruction No. 7 of 1993 on which the Petitioner had sought to place reliance for contending that a mere carrier could import 100 Kgs. of silver. 5. Our attention has been invited to the statement of the Petitioner recorded by the Customs autho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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