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        Customs

        CESTAT analyzed a case involving seizure of 3499.750gm of gold...

        Gold Smuggling Case: Insufficient Evidence Leads to Appeal Dismissal Under Customs Act Sections 110 and 123

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                CESTAT analyzed a case involving seizure of 3499.750gm of gold allegedly smuggled from Myanmar. The Tribunal found insufficient evidence to establish smuggling, noting lack of reasonable belief under Section 110 and 123 of Customs Act, 1962. The department failed to provide cogent proof of foreign origin or smuggling. Procedural irregularities, including non-compliance with Section 138B and principles of natural justice, further weakened the case. Consequently, the Tribunal allowed the appeal, ruling that the seized goods were not liable for confiscation and the involved parties were not subject to penalties.
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