Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Non-declared gold ornaments carried as baggage may remain liable to confiscation, but confiscability is distinct from the discretion to permit redemption on payment of fine. The note states that this discretion depends on the nature of the breach, passenger conduct and surrounding circumstances, including whether the goods are finished personal ornaments and whether carriage indicates organised smuggling. It distinguishes cases involving commercial quantities of primary gold. It also identifies absence of prior involvement, organised activity or carriage for another person as factors supporting a proportionate reduction in penalty.
Non-declared gold ornaments carried as baggage may remain liable to confiscation, but confiscability is distinct from the discretion to permit redemption on payment of fine. The note states that this discretion depends on the nature of the breach, passenger conduct and surrounding circumstances, including whether the goods are finished personal ornaments and whether carriage indicates organised smuggling. It distinguishes cases involving commercial quantities of primary gold. It also identifies absence of prior involvement, organised activity or carriage for another person as factors supporting a proportionate reduction in penalty.
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