2009 (5) TMI 182

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....N.J. Kumaresh, SDR, for the Respondent. [Order per: Jyoti Balasundaram, Vice-President]. - Vide the impugned order the Commissioner (Appeals) has upheld the absolute confiscation of 30.175 Kgs. of silver seized from the appellant herein while ordering release of 20 Kgs. of silver also so seized and upheld penalty of Rs. 10,000/- imposed upon him by the adjudicating authority. 2. We have heard bo....

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.... origin it has been decided that normally the provisions of the Section 123 of Customs Act, 1962 should not be involved against persons who are found to be in possession of silver bullion of less than hundred kilograms. However, if the silver bullion is "found to be in the form of Bars weighing 30 kgs (approximately) each which are being smuggled into the country and also where silver bullion is f....