2015 (3) TMI 25

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....pondent : Mr. Ajay Shukla ORDER 1. This writ petition has been filed with the following prayers :- "(a) to direct the respondents to return impugned 50 gold biscuits which were seized by Customs Department on 2.6.1993, to the petitioner forthwith: (b) in the alternative, if respondents are unable to return the gold biscuits, they may be directed to pay immediately Rs. 3 Lacs against th....

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....nitiated the proceedings and seized the gold under Section 111(b) and (d) of the Customs Act, 1962. The gold was finally confiscated under Section 115 of the Customs Act, 1962 with penalties, and was sold. A criminal case was also registered, which was decided by the Chief Judicial Magistrate (Economic Offences), Jaipur. In prosecution case No.68/94, the accused were found 'not guilty', an....

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....cuments were false or manipulated, or that the persons shown in the documents were not the real persons, who had imported the said goods. 4. The CEGAT, after allowing the appeal on recording satisfaction that the Department had not established the allegations, nor the  preponderance of probabilities against the appellants was such that the confiscation and penalties be maintained. Granting....