2019 (11) TMI 972

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.... Shri K.K. Maity and Ms. Sanjukta Gupta, Advocates for the Respondent. ORDER The Court : In this appeal, the allegation against the appellant is smuggling of gold. He was charged and held guilty of illegally importing and handling gold. The alleged ultimate recipient was one Purushottam Haribhau Kawale of Mumbai. He employed carriers to carry smuggled gold from Kolkata to Mumbai. 2.&....

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....ssioner gives expression to his emotion in the order, in stead of making proper adjudication in accordance with law. In order to hold the appellant guilty, his involvement in the smuggling chain had to be stated, based on evidence or on presumption from the absence of it and, thereafter, on a proper application of the law the amount of penalty should have been considered. 6. Regrettably, t....