2001 (8) TMI 398

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....te confiscation of primary gold biscuit valued Rs. 2,12,504/- under Section 111(d) of the Customs Act. He has also imposed penalty of Rs. 10,000/- on Vijaya Kumar and Rs. 20,000/- on the appellant. Appellant gave a statement on 21-3-91 which is recorded in Para 7 of OIO which is reproduced below : - "7. Shri Namdev, in his statement dated 21-3-91, inter alia deposed that he purchased the silver bar under seizure from Bombay through a broker; that he did no have any documents or accounts for the silver bar; that he knew Shri Vijayakumar of Karur; that he had purchased primary gold from the said Vijayakumar previously; that on 20-3-91, a phone call from Vijayakumar came; that Vijayakumar informed him about the purchase of the 5 gold b....

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....e view expressed by the Apex Court under the Constitution Bench in the case of Additional Coll. of Customs, Calcutta v. Sitaram Aggarwala reported in 1999 (110) E.L.T. 185 (S.C.) wherein the Apex Court has laid down the preposition that merely because an accused was having currency and was to buy foreign gold biscuits that by itself will not prove the case of appellant being guilty of the offence. Ld. Counsel submits that this ratio clearly applies to the facts of the case although the said judgment was rendered under the previous provisions of Section 167(8) of Sea Customs Act, 1878 in correspondence to Section 112 of the Customs Act, 1962. He submits that same provision has been incorporated under the Section 112 of the Customs Act, 1962 ....

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....f foreign exchange and jeopardising the economic stability of the country. For that purpose it has to be given an interpretation to cover all those who aid and abet in these nefarious activities whether they are principals or accessories who assist the smugglers or supplement their efforts. The use of the words "concerned in" in Section 167(8) shows that a person may be concerned in the importation of smuggled gold, without being a smuggler himself contravening any of the provisions of the Foreign Exchange Act. Therefore the High Court was right when it observed that if any one is interested or consciously takes any step whatever to promote the object illegally bringing bullion into the country, then even if no physical connection is establ....