2018 (7) TMI 790

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....olley bag, one shoulder bag, one 32 inch TV and one box. The appellant opted to walk through green channel facility to leave the airport. However, on checking the baggage, rough diamonds weighing nearly 02.407 KG were found sealed in the cavity of the vacuum cleaner which the said appellant has brought as personal baggage from Sharjaha. Since the appellant had not declared the said rough diamonds under the provisions of the Customs Act, and the quantity of diamonds detected could not be considered as bonafide passenger baggage under the relevant provisions of Customs Act and the baggage Rules and also the passenger did not have Kimberly process Certificate as required for import of rough diamonds in terms of para 2.2 of Foreign Trade Policy....

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....tary evidences against the appellant and solely on the basis of the statement of co-accused, without any corroboration, imposition of penalty on the appellant is bad in law. It is his contention that the diamonds were seized from the possessiotn of Sh. Karsan Naran Keshwala and the bills were in the name of Sh. Karsan Naran Keshwala, therefore, both ownership and possession was only with Sh. Karsan Naran Keshwala. In such scenario, imposition of penalty on the appellant without any concrete evidence, about his involvement in the smuggling of rough diamonds, cannot be sustained. Further, he submits that the penalty imposed on the appellant is excessive and disproportionate to the offence registered against him. 4. Ld. Advocate Sh. P.V. Sh....

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....g by the Ld. Adjudicating Authority in the impugned order did not appear before the Customs Authorities to explain his role in the act of smuggling of rough diamonds, however, in his written submission before the adjudicating authority, he has submitted that he is not concerned with the rough diamonds seized from the possession of Sh. Karsan Naran Keshwala and the seized goods did not belong to him. The Ld. Commissioner analyzing the evidences in the form of statements of Sh. Karsan Naran Keshwala, Smt. Bhartiben Pradeep Kumar Jagda and Sh. Gopal Bhai Patel came to the conclusion that a smuggling racket of diamonds have been operating wherein, Sh. Pradeep Bhai Jagda was a kingpin and the carrier was Sh. Karsan Naran Keshwala. Even though, t....