Gold confiscation: local sourcing evidence can shift the burden, while cash confiscation requires a link to smuggled goods.
The possessor bears the burden of proving that gold or its manufactures are not smuggled when seizure is based on reasonable belief under the Customs Act. Credible invoices, stock records and supplier statements supporting lawful local acquisition may shift the evidential burden to customs authorities. Incomplete identification of bullion and inadequate investigation can undermine an allegation of smuggled origin. Confiscation of currency as sale proceeds requires evidence linking it to smuggled goods; concealment of cash alone does not establish that link.
Issues: (i) Whether confiscation of the gold bullion and jewellery was justified on the basis that they were smuggled or made from smuggled gold; (ii) whether the seized currency was liable to confiscation as sale proceeds of smuggled goods.
Issue (i): Whether confiscation of the gold bullion and jewellery was justified on the basis that they were smuggled or made from smuggled gold.
Analysis: Section 123 of the Customs Act, 1962 places the burden of proving that seized gold and its manufactures are not smuggled on the possessor where seizure is made on reasonable belief. The valuation did not identify the purity or number of individual bullion pieces, and the SAM-marked cut piece had no recorded purity or biscuit number. Invoices, stock records and supplier statements supported local sourcing, while the department did not adequately investigate or rebut that evidence. Other bullion bore Indian marks, and comparable stock at the business premises was not seized.
Conclusion: Confiscation of the bullion and jewellery was not justified. The issue is decided in favour of the assessee.
Issue (ii): Whether the seized currency was liable to confiscation as sale proceeds of smuggled goods.
Analysis: Section 121 of the Customs Act, 1962 concerns confiscation of sale proceeds of smuggled goods. The record contained no evidence linking the currency to smuggled gold; concealment of cash alone did not establish such a link.
Conclusion: The currency was not liable to confiscation as sale proceeds of smuggled goods. The issue is decided in favour of the assessee.
Final Conclusion: The findings support consequential relief in respect of the seized gold, currency and penalty.
Ratio Decidendi: In an inland seizure of gold, credible evidence of lawful local acquisition may shift the evidential burden to the customs authorities to establish smuggled origin.