2024 (3) TMI 412

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....als against the imposition of penalties under Section 112 of the Customs Act, 1962. 2. The facts of the case are that an acting on the intelligence, the officers of DRI, Siliguri, Regional Unit on 23.06.2013 at 4.15 PM in Dibrugarh-Howrah Kamrup Express, which was arrived at Platfrom No.3 of New Jalpaiguri Railways Station, boarded the said Coach No.BI of the said train and identified four persons, two of whom were ladies and all the four are intercepted along with their accompanying luggage were brought down from the train and taken to the DRI Office. Apart from the appellants, Shri Pahalad Soni and Ms.Priyanshu Kumari were also apprehended. Shri Pahalad Soni was the leader of the group and confessed that the contraband gold was secretl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... gold trader in Kolkata. 2.2 The said Chhotu asked him whether from Dimapur to Kolkata, he is ready to carry the gold against a handsome money, he readily agreed. Then Chhotu instructed him to come to Dimapur and meet him and three month ago, he went to Dimapur and met Chhotu. He does not know Chhotu's address. 2.3 Chhotu told him that he smuggled gold from Myanmar to India and the same has to be supplied to different parts of India through different carriers, if he carries the smuggled gold to Kolkata, he will give him a handsome remuneration per trip. He agreed with the said proposal. 2.4 In the month of April, 2013, he brought another consignment of smuggled gold from Dimapur to Kolkata. 2.5 In the first week of June, 2013, C....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... stated that at Howrah Station, a person named Dipak would contact him who took delivery of the said luggage bags as previous time. Dipak's height is about 5"7', black complexion and clean shaven. Dipak is a resident of Muzaffarpur, Bihar. 2.8 In these set of facts, the case was booked of smuggling of gold by Shri Pahalad Soni with advice of the appellants. The statements were also recorded wherein they stated that as they were gone to visit to Dimapur, during that period, the trolley bags were also exchanged and they were not having any knowledge about the said smuggled gold in the bags, but the case was booked under Section 112 of the Customs Act, 1962 and the appellants were avoided to involved in the smuggling of gold. 2.9 Against....