1999 (11) TMI 289

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....r Section 111(d) of the Customs Act, 1962 and of the currency under Section 121 of the Customs Act, 1962. He ordered confiscation of the Maruti car valued at Rs. 70,000/- under Section 115(2) of the Customs Act, 1962. He also imposed a penalty of Rs. 10,000/- on the appellants. 2. The Commissioner (Appeals), upheld the orders of the confiscation of the gold and the currency but permitted redemption of the motor car on payment of a fine of Rs. 25,000/-. Hence the present appeal. 3. Shri Madhu Patel, ld. Counsel submits that Shri Jain had given the name of his client, Mr. Sandhu, who had given the gold for conversion into jewellery, which was the appellant's business. He contested the confiscation of the currency. It is his submis....

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.... 5. I have given thought to Shri Patel's submission that subsequent to the seizure of the gold, the Government liberalised the policy of the importation of the gold in 1992 and that the benefit of the liberalisation would go to the appellant. I do not see any relevance of the later liberalisation and do not consider this request. 6. As regards Indian currency I find that apart from the statement of the appellant, in which he admitted the currency to be sale proceeds of the smuggled goods, there is no other evidence led by the department. His statement was retracted at the earliest opportunity. In support of the claim that the currency was his legitimate earnings. Shri Jain had placed before the adjudicating officer relevant docu....