1998 (12) TMI 285

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....mt. Usha Rani was present. 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....

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....n found of 99.5% purity. 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 cu....

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....g heavily on the defacement of 3 gold biscuits and by the markings of 10 tolas and 9999 mentioned on 3 of them and the small biscuit carrying the mark of Swiss and 999.9. I find sufficient force in the plea of the learned Advocate that no allegation of defacing of the gold biscuit was made in the show cause notice nor has been indicated in the panchnama produced by the Advocate in the course of hearing. Therefore, it becomes doubtful whether the seized good can be considered to be smuggled gold. As regards the 4th gold biscuit he does not have much today because it carries the foreign marking and it has also been found to be of purity of 99.9% value. Value of this 4th gold biscuit will be around Rs. 2,000/- on the basis of valuation made by....