2023 (6) TMI 602

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hat the applicant was intercepted by the officer of DRI, Sub-Regional Unit, Varanasi on 10.1.2023 at Pt. Deen Dayal Upadhyay Railway Station, while he was traveling in New Delhi Rajdhani Express from Kolkata in the night at about 02:00 AM; during search officers found two pieces of gold bars which were presumed to be foreign origin being brought in the territory of India without legal documentation. The gold that was illegally seized by the officers of DRI, Sub Regional Unit, Varanasi was the ancestral gold belonging to the applicant for which he had produced relevant papers but the officers started pressurizing the applicant to confess that it was gold of foreign origin because the applicant refused to fulfill the illegal demands of the of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ter the institution of prosecution, be compounded by the Chief Commissioner of Customs on payment, by the person accused of the offence to the Central Government, of[such compounding amount and in such manner of compounding] as may be specified by rules.] [Provided that nothing contained in this subsection shall apply to- * (a) a person who has been allowed to compound once in respect of any offence under sections 135 and 135A; * (b) a person who has been accused of committing an offence under this Act which is also an offence under any of the following Acts, namely:- * (i) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); * (ii) the Chemical Weapons Convention Act, 2000 (34 of 2000);....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ere all the identity marks and purity was reduced. The gold was received by the applicant from a man named Hari in Hotel Ritu Raj on 9.1.2023 and the applicant departed from Kolkata to New Delhi by Rajdhani Express and tickets were arranged by on Rahul Agrawal resident of Virana Kanpur which is in clear contravention of Section 7(1) (c), 11 and 46 of the Customs Act and falls under the definition of Section 2 (39) of the Customs Act liable to be confiscated under Section 111 B of the Customs Act and the small cut pieces are liable to be confiscated under Section 118 of the Act which were ceased after panchnama/recovery memo dated 10.1.2023 these facts have been admitted by the applicant in his voluntary statement recorded under Section 1....