2002 (1) TMI 512

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.... at Rs. 18,20,000/-. The gold biscuits and the car were seized. A statement was recorded from Shri Ram Kumar Agrawal who stated that on 3-4-89 he received a phone call from Shri Mukesh Kumar Jain who asked him to collect the gold biscuits from him at Suvidha Petrol Pump. Thereafter he reached in the car on that particular place and collected a bag containing 52 foreign marked gold biscuits from Shri Mukesh Kumar Jain. The residence of Shri Mukesh Kumar Jain was searched on 3-4-89. Shri Dhanya Kumar Jain, father of Shri Mukesh Kumar Jain was available. On search, further 46 silver rectangular cubes of weighing 30.130 kgs valued at Rs. 1,80,000/-, Indian currency and certain documents were recovered. Shri Dhanya Kumar Jain deposed that his so....

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....ol) Act, 1968. The matter today is listed for hearing the stay petitions filed by the appellants. 3. We have heard Shri Gopal Prasad, ld. Advocate for the appellants and Shri Atul Saxena, ld. JDR, for the respondents. The ld. Counsel for the appellants raised a preliminary objection that the composite penalties under the Customs Act, 1962 and the Gold (Control) Act, 1968 are bad in law and not sustainable. On this ground, therefore, he is praying for setting aside the impugned order. The ld. Counsel in support of his contention is relying on the decision of the Tribunal in Milap Chand C. Kawadia v. CC & CE - 1993 (65) E.L.T. 391. The pleas are also made on the involuntary nature of the statement recorded from Shri Dhanya Kumar Jain ....