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2017 (2) TMI 874
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....tes, for the Respondent. [Judgment (Oral)]. - Heard the petitioner in person and learned counsels for the respondents. 2. In the year 1990, the Customs Department allegedly seized gold from rectum of two persons said to be employees of the petitioner on an allegation that gold of foreign origin was being tried to be smuggled in India for the petitioner. 3. Pursuant to the afores....
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....set aside the order of the Assistant Commissioner, Customs, who dismissed the appeal on grounds of limitation and directed the Assistant Commissioner, Customs to decide the case afresh on merits. This time the Assistant Commissioner of Customs decided the case against the petitioner and ordered for confiscation of the seized gold and also imposed penalty of Rs. 1,00,000/-. The associates of petiti....
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....inal trial is concerned, in the year 2011, the petitioner and his associates were convicted and sentenced to three years rigorous imprisonment for having smuggled gold of foreign origin. The appeal has been filed by the petitioner and his associates, vide Cr. Appeal No. 35 of 2011, which is pending in the court of learned 1st Additional Sessions Judge, Muzaffarpur. 5. By this writ petition....
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.... on record, it appears that gold had since been deposited in the Government mint and has been melted. Petitioner submits that this will cause him great prejudice, inasmuch as his whole case is that it was not gold with foreign marking. 8. Having considered the matter, in my opinion, whether gold was of foreign marking or not, whether it was being legitimately brought in India or not, are a....