2003 (6) TMI 403

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....JDR, for the Respondent. [Order]. -  In this appeal the appellant has contested the impugned order dated 5-7-2001 vide which the Commissioner (Appeals) has affirmed the order-in-original imposing penalty of Rs. 50,000/- on him and confiscating the currency recovered from his possession. 2. The facts are not in much in dispute. On 9-12-93, the appellant was intercepted at Railway....

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....n of investigation, the present appellant and the others named above were served with the show cause notice. The adjudicating authority has imposed a penalty of Rs. 50,000/- on the present appellant, but exhonorated Satyanarain Soni and Parameshwar Soni and Jagdish Saraf to whom also the gold was allegedly sold. The adjudicating authority also ordered the confiscation of the Indian currency. 3.....

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....onged to Hanif Mohd. on whose behalf he was carrying the money. He being only a carrier, cannot claim the seized currency. The seized currency could be claimed only Hanif Mohd. who is alleged to be the owner. But there is nothing on the record to suggest that Hanif Mohd. has claimed this amount. The ratio of law laid down in Samsuddin Sheikh v. Collector of Customs, Calcutta - 1990 (47) E.L.T. 48 ....