1998 (12) TMI 285

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....resent. The recovery of 4 gold biscuits - 3 of 10 tolas each and one of the remaining quantity totally weighing 359.800 gms. were recovered from the premises. The panchnama records that 3 of the gold biscuits carried marks 9999 which were 10 tolas each and one biscuit carried an additional mark "Swiss." On test the biscuits of 10 tolas each were found of purity 99.50 and 10 gm. biscuit of weight was found to be of 99.90 purity. The panchnama does not indicate that the gold biscuits were defaced. Smt. Usha Rani could not produce evidence of possession of these gold biscuits, therefore gold was considered to be liable to seizure and the biscuits were seized. On recording a statement from the appellant herein, he stated that the biscuits were ....

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....ty. This shows that the markings 9999 on the biscuits are not genuine having regard to the purity inasmuch as he submits that the imported smuggled gold is of 99.9% purity. In the face of these facts and circumstances, he submits that the finding of the adjudicating authority that the gold biscuits were smuggled, is not correct. 2.4 Apart from the aforesaid statement, learned Advocate further submits that even if it is held that the gold biscuits were smuggled, it cannot be said that the biscuits were is his conscience possession. He is a goldsmith by profession. He does the job work for making gold ornaments of whatever gold is delivered to him by his customer. He has to consider delivery of such gold by his customers as legally acqu....