2002 (1) TMI 445

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....sed to the extent of Rs. 50,000/-. 2. As per facts on record, Shri Pranab Sarkar was intercepted on 3-5-95 by the Customs Officer and the search was conducted of his person which resulted in recovery of 3 pcs. of gold biscuits of foreign origin secreted in his trouser's pick pocket wrapped with a chit of newspaper. The said Shri Pranab Sarkar in his statement admitted the recovery and deposed that the packet in question was given by one Md. Kasem of Bangladesh for transportation to Beharampore, Chunakhali and he was to be paid of Rs. 300/- for such transportation. As regards the Motor cycle being driven by him, he deposed that the same belongs to his sister's husband and was taken by him from his sister without making her know about....

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....s taken by him from his sister when the appellant was not at home. This fact was disclosed by Shri Pranab Sarkar in his very first statement. It was also deposed by him that his brother-in-law, Shri Bhabesh Ch. Mondal does not know about the use of Motor cycle for transportation of the smuggled gold. He also submits that the search of his residential premises did not result in recovery of any incriminating goods or documents. Shri Bhabesh Ch. Mondal in his statement before the Officers has also denied any knowledge or any connection with the seized gold biscuits. As such submits the ld. Consultant that there is no material on record to reflect upon the knowledge of the said appellant so as to penalise him or to confiscate his Motor cycle. ....

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...., it is seen that admittedly he was engaged in transportation of the gold biscuits handed over to him by Md. Kasem as per his own statement. He has not denied the recovery of the gold biscuit from him at any point of time, nor has he retracted from the initial statement given by him. His plea that he was not knowing about the contents of the gold biscuits cannot be accepted on the face of it inasmuch as no person would pay Rs. 300/- to another person for carrying the wrapped packet unless the same involves some illegal activities. Further, the fact that the packet was secreted in his pant's pocket also reflected upon the knowledge of the said appellant about the contents of the biscuits. However, it is on record that the said appellant was ....