2003 (2) TMI 364

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....n Chopra, DR, for the Respondent. [Order]. - The appeals are taken up for disposal with the consent of both sides, after waiving deposit. 2. The appeal by Babulal Jain is against the order of the Commissioner of Customs (Adjudication), Mumbai, ordering confiscation under Section 121 of the Act of currency of Rs. 2.50 lakhs seized from the possession of his employee Suresh Patel and a....

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....nfronted by the officers the next day, confirmed that he has given the money to Suresh Patel for being passed on to Rajubhai, who, he says, was an angadia, for being sent to his (Jain's), marble factory at Rajasthan to defray the expenses which has been incurred there. The Show Cause Notice issued to Imtiyaz Pothiyawala, Bhupendra Thakkar and other persons called upon both the appellants before me....

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....iable to penalty under Section 112 of the Act, has to be accepted. The only reason that the Commissioner himself gives for his finding, that the currency is the proceeds of the sale of gold, is in paragraph 154 of his order and reads as follows: "Shri Suresh Bhanji Patel was carrying this currency. Shri Suresh is a matured person, if that is correct, the money was to be taken to Ahmedabad throu....

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....he premises of Thakkar, while looking for Rajubhai, the manager of R.R. Angadia, located at Fofalwadi, which according to him is five or six buildings away from Thakkar Niwas. Finding Patel with the money certainly could have given rise to investigation. It was however up to the officers of the Directorate of Revenue Intelligence to conduct proper investigation to establish a credible basis for th....