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of <h1>Appellant's Penalty Upheld for Smuggling Silver: Evidence Confirms Illegal Activities</h1> The Tribunal upheld the penalty of Rs. 30,000 imposed on the appellant for smuggling 294 silver chaursas weighing 252.177 kgs valued at Rs. 17,88,944. ... Seizure - Reasonable belief - Penalty Issues:Imposition of penalty for smuggling silver chaursas.Detailed Analysis:The appeal was filed against the penalty of Rs. 50,000 imposed on the appellant for the interception of a Maruti Van containing 294 silver chaursas weighing 252.177 kgs valued at Rs. 17,88,944 during a joint nakabandi by Police and Customs Department. The individuals in the van could not provide evidence of lawful acquisition of the silver, leading to the reasonable belief that it was smuggled and liable to confiscation.Statements of individuals involved revealed a network of smuggling activities, with confessions of transporting smuggled silver in the past and involvement of various parties in the illegal transactions. Investigations exposed fake documents, Bill Nos. 152 and 39, used to cover up the smuggling operations. The Commissioner imposed the penalty based on the evidence of smuggling activities and fake documents.In response, the appellant's counsel argued against the jurisdiction of Customs authorities, claiming lack of reasonable belief for seizure and illegal detention of individuals. The counsel cited legal precedents to support the appeal, emphasizing the absence of foreign markings on the silver and disputing the validity of the statements recorded during custody.The Departmental Representative countered the arguments by highlighting the admissions in the statements of individuals involved, linking the chaursas to smuggled silver billets and establishing the nature of the silver as smuggled. The DR supported the penalty based on the evidence of smuggling activities and fake documents.The Tribunal considered the jurisdiction, reasonable belief for seizure, foreign origin of the silver, voluntary nature of statements, and authenticity of documents. Despite reducing the penalty to Rs. 30,000, the Tribunal upheld the impugned order based on the evidence presented, confirming the smuggling activities and involvement of the appellant in the illegal operations.
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