2003 (12) TMI 471

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..... [Order]. -  Appellants has been penalized Rs. 1 lakh under Section 112 of the Customs Act, 1962 and an amount of Indian Currency of Rs. 1.55 lakhs found at his residence has been confiscated under Section 121 of the Customs Act, 1962 as sale proceeds of smuggled gold. 2. The brief facts relevant are :- "The Officers recovered contraband Gold from the ships cabin accepted an....

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.... and considering the material on records it is found :- (a)        The reliance placed on E. Abdul Rehman's statement by the department especially that for 150 biscuits of gold he got Rs. 1.50 lakhs from Hussain, would lead to the conclusion that Rs. 1.50 lakh found kept at the residence of the appellant was meant as payment for carrying and delivery of the go....

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....of the ld. Advocate that the penalty has been imposed on the retracted statements of Shri E. Abdul Rehman is not upheld. Since E. Abdul Rehman's statement is corroborated on materials disclosed by him as regards the description of the place of a private residence. The statement of E. Abdul Rehman to have received Rs. 1.5 lakh, for this consignment, if gold under seizure now was successfully delive....