1997 (3) TMI 256

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....ni, Member (T)]. - The appeal is against the captioned order passed by the Addl. Commissioner of Customs (P), Mumbai. 2. The facts of the case are that, as a result of search of baggage of the passenger called Shri Gangareddy Gangaram who arrived from Dubai at Sahar airport, Mumbai on 23-7-1987, resulted in the recovery of foreign marked gold in the form of 50 gold bars weighing 5830 gms. ....

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.... lakh on the appellant against which the present appeal has been filed. 3. The appellant is not present when the matter is called, but has requested for decision on merits. It has been submitted by the appellant that he is not concerned with the smuggling of the gold but has been wrongly implicated. The mere use of the telephone will not be an evidence to find the appellant liable for penalt....

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.... the appellant. The statement has further supported by the evidence of the carrier identifying the appellant from a photograph shown to him. The recovery from the carrier of the contact number of the appellant in Dubai is also a sufficient evidence pointing to the involvement of the appellant in the offence. In these circumstances, we find that sufficient evidence exists to penalise the appellant ....