https://www.taxtmi.com/caselaws?id=50331 Penalty under Section 112(b) of the Customs Act, 1962 was held unsustainable where the seizure was made by police, the appellant's statements were recorded while under police control, and those statements were later retracted. The burden-shifting rule under Section 123 was treated as inapplicable because a police seizure does not attract that statutory presumption in the same manner. The record also lacked any voluntary admission that the currency represented proceeds of smuggled gold, and the appellant had not asserted ownership over the seized articles. On those facts, the penalty was quashed. en-us Tue, 18 Apr 2000 00:00:00 +0530 Sat, 21 Aug 2010 11:30:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=50331 Penalty under Section 112(b) of the Customs Act, 1962 was held unsustainable where the seizure was made by police, the appellant's statements were recorded while under police control, and those statements were later retracted. The burden-shifting rule under Section 123 was treated as inapplicable because a police seizure does not attract that statutory presumption in the same manner. The record also lacked any voluntary admission that the currency represented proceeds of smuggled gold, and the appellant had not asserted ownership over the seized articles. On those facts, the penalty was quashed. Case-Laws Customs Tue, 18 Apr 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=50331