2022 (1) TMI 1186

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.... the order of confiscation of seized goods and Indian Currency has been passed and penalty of Rs. 50,00,000/- + Rs. 20,00,000/- has been imposed under Section 114 AA of the Customs Act, 1962 ( in short 'Act, 1962'). In the impugned order, the learned adjudicating authority has observed that the petitioner is having remedy under Section 128 of Central Customs Act, 1962 within 60 days. (2) Learned counsel for the petitioner submits that since the Officers of DRI does not fall within the definition of 'proper officer' under Section 2 (34) of the Customs Act or entrusted with the functions under Section 6 of the Customs Act, therefore, the confiscation of the gold consignment and raid conducted by him is without jurisdiction, h....

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....emendra Birla. After verification of his identity, 2 foreign origins smuggled gold bars were recovered from his possession. He disclosed that they collected these two gold bars from the present petitioner and going to be delivered to Sunil Neeeema and Rajesh Neema. Thereafter, the search operation was conducted on 24.02.2020 at M/s Ambika Jewellers, Nasik owned by this present petitioner. During the search, 10, yellow-coloured pieces weighing 1703.380 gms. were recovered for which this petitioner has failed to give any satisfactory answer. The petitioner is informed that there is a facility of melting gold in his premises wherein 1 kg gold could be melted at a time. Thereafter 10 pieces of gold weighing 1703.380 gms having valued at Rs. 72,....

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....eby called upon under provision of Section 124 of the Customs Act, 1962 to show cause in writing within 30 days from the date of receipt of this notice to the adjudicating authority, the Joint/ Additional Commissioner of Customs, Nashik Commissionerate, Nashik as to why:- i) the 10 gold bars seized from the premises of M/s Ambika Jewellers having total weight of 1703.380 grms and valued at Rs. 72,48,142/- under panchnama proceedings dated 24/25.02.2020 should not be confiscated under Section 111 (d), and 111(h) of the Customs Act, 1962 as discussed herein above: ii) Rs. 4,40,450/- sale proceeds of smuggled gold seized from the premises of M/s Ambika Jewellears should not be confiscated under Section 121 of the Customs Act, 1962;" (6) S....