2004 (8) TMI 573

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.... police and claimed the gold stating that it was on his instructions that Shri Chikla was carrying the gold from Mumbai to Hyderabad and that the gold should be returned to him. The Additional Chief Metropolitan Magistrate therefore directed the police to hand over the gold to Customs for proceedings to be conducted under the Customs Act. It transpired that the appellant claimed that the gold in question was brought into India by one Vazue Abdul Razaque Umer, Passport No. P-840388, that the said gold was handed over to him for sale; that he knew Razaque for the last four years; that Razaque under an affidavit stated that he handed over the gold to the appellant and that the sale proceeds would have been returned to Razaque but for the seizu....

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.... 123 is applicable to the goods. The appellant failed to prove that the goods in question are not smuggled. He reiterated the contention of the Commissioner (Appeals) and argued that no relief is called for. 5. I observe that the Department could establish through the Examiner of Questioned Documents that the affidavit purported to have been signed by Razaque was not signed by him and the signature on the affidavit did not tally with the one on the passport of the passenger who was supposed to have brought the gold in his baggage. This goes to prove that the appellant's claim that the gold in question was brought by Razaque is false. Therefore, the question as to how the gold came into the country remains large open. The answer coul....