2024 (5) TMI 474
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....ubai. When he came out of the exit gate of Arrival Hall, he met another person Shri Hari Saran Khanna and DRI officers intercepted both of them. On enquiry into the matter, Shri Vinod Khanna admitted that he had smuggled (05) kg gold bars from Dubai and was to deliver the same to one Shri Inder Prakash Kohli. During search operation, 5 packets wrapped with black colour adhesive tapes containing 1kg gold bar each were recovered from his hand carried brown colour bag, which was valued at Rs 1,36,50,000/. The said gold bars were seized under the provisions of Section 110 of the Customs Act, 1962 (for short, referred to as the 'Act of 1962'). 1.2 During the course of search operation, the DRI officers recorded the statements (all dated 2....
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.... learned Commissioner of Customs (Appeals), New Delhi vide Order-in-Appeal No. CC(A)/Customs/D-I/Air/4062-4065/2021-22 dated 11.02.2022 (for short, referred to as 'the impugned order') has upheld the adjudged demands confirmed on the appellants and others and rejected the appeals filed by them. Feeling aggrieved with the impugned order, the appellant Shri Vinod Khanna has preferred this appeal before the Tribunal. 2. Heard both sides and examined the case records, including the written submission filed by the learned Authorised Representative. 3. The statements recorded by the Department under summons from various persons together with the material evidences relied upon by the lower authorities in their respective orders make ....
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.... for such purchase was routed through hawala channel. From the above discussions, it is evident that the modus operandi adopted by the persons involved in carrying out the offending gold bars were smuggled into India, without the sanction of law. 4. The appellant has contended that gold is not prohibited for import and as such, ordered for absolute confiscation is not proper and justified and accordingly, it should be provided with the option to redeem the same on payment of redemption fine in terms of Section 125 of the Act of 1962. The phrase 'prohibited goods' has been defined in sub-section (33) of Section 2 in the Act of 1962 to mean any goods, the import or export of which is subject to any prohibition under this Act or o....