1993 (10) TMI 145

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....e, for the Appellant. Shri K.N. Gupta, DR, for the Respondents. [Order per: S.K. Bhatnagar, Vice President]. -  This is an application for stay of recovery filed with reference to the order of the Collector dated 29-5-1991. The learned Advocate stated that this case involves seizure of gold, foreign currency and Indian currency from a building in which he was also living. It was his ....

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.... for time and subsequently adjournment as mentioned in the order-in-original itself. His Indian currency has also been confiscated absolutely and he has been imposed penalty both under the Customs Act and Gold Control Act. He is also being proceeded under the Foreign Exchange Regulation Act and appellate authority has waived pre-deposit of penalty, and upheld the penalty. 2. It is also his subm....

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....sidered as voluntary. In fact in a subsequent statement, he goes to the extent of saying that the earlier statement was correct. It is also his submission that the subsequent retraction under the circumstances was of no consequence. Furthermore, his submission in reply to the show cause notice, that the room belonged to his tenant and the gold and foreign currency was not his, was an afterthought.....

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....ement recorded under such duress could not be relied upon. 7. We have considered the above submissions of both the sides. We feel that prima facie, there does not appear any violation of principles of natural justice as sufficient opportunities had been granted to the appellant. So far as the merits of the case are concerned, an appreciation of the evidence could appropriately be considered at ....