1999 (6) TMI 320

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....ion was received by the Customs authorities and the C.B.I., in respect of smuggling of gold. On this information, one Shri Ashok Kohli, who came from Dubai, was intercepted by the Customs authorities, but nothing was recovered on search. However, on rummaging of the air craft came from Dubai, on which Shri Ashok Kohli travelled, one packet wrapped with black adhesive tape was recovered from toilet concealed beneath the toilet seat. Eighteen biscuits of gold of foreign marking and currency in the shape of 20 Pounds were found from the packet. Initially, Sh. Ashok Kohli, denied the knowledge of this gold. The Customs & C.B.I. Officers kept watch on the aircraft and one person named was lateron known as Sh. M.L. Verma, who was working as a For....

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....money for the purchase of the gold. He submits that no statement under Sec. 108 was recorded by the Customs authorities of the appellant. He submits that statements recorded by the C.B.I, that too after registration of a case, is not a statement under Sec. 108 of the Customs Act. Therefore, it cannot be used against the appellant. He, further, submited that nothing incriminating was recovered from the appellant. He, therefore, prays that the appeal be allowed. 6. Ld. J.D.R., appearing on behalf of the Revenue, submitted that Shri Ashok Kohli, before the C.B.I., disclosed the name of the appellant that he arranged some money for the purchase of the gold. He, therefore, submits that the appellant has share in the smuggled gold. He, th....