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of <h1>Appeal successful due to lack of evidence in smuggling case; penalty and confiscation order overturned.</h1> <h3>ASHWINBHAI MOHANLAL POLRA Versus COMMISSIONER OF CUS., AHMEDABAD</h3> ASHWINBHAI MOHANLAL POLRA Versus COMMISSIONER OF CUS., AHMEDABAD - 2004 (166) E.L.T. 391 (Tri. - Mumbai) Issues: Allegations of gold smuggling based on seizure of gold bars, reliance on statement of co-accused, imposition of penalty under Section 112 without sufficient evidence of knowledge or abetment.Analysis:1. The appellant faced allegations of gold smuggling after gold bars were seized from him, purportedly made from gold ornaments purchased from a certain individual. The ornaments were claimed to be made in Dubai, leading to suspicions of smuggling. The police initiated the seizure on the belief that the ornaments were smuggled into India. The appellant was accused based on statements from the seller and another individual alleging that the ornaments were stolen from a jewelry shop in Dubai.2. Subsequently, the case was transferred to customs for adjudication. The Commissioner ordered the confiscation of the seized gold and imposed a penalty of Rs. 1 lakh on the appellant. The appellant's defense was not represented during the proceedings, and only the ld. DR was heard on behalf of the respondent.3. Upon review of the case records, it was observed that the entire case against the appellant hinged on the statement of the co-accused seller. However, there was a lack of corroborative evidence to support the claim that the gold purchased by the appellant was indeed from the smuggled ornaments. No credible evidence was presented to establish that the gold in possession of the appellant was derived from the allegedly smuggled ornaments. The imposition of a penalty under Section 112 requires proof of knowingly abetting smuggling, which was not demonstrated in this case.4. Consequently, the appeal succeeded as it was determined that there was insufficient evidence to prove that the appellant knowingly engaged in smuggling activities. The order of the lower authority, which imposed the penalty and ordered confiscation, was set aside concerning the appellant. The judgment highlighted the importance of substantial evidence and knowledge of the illegal nature of goods in cases involving allegations of smuggling to justify penalties and confiscations.
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