1995 (1) TMI 82

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....paper packet and 8 numbers of gold rods in another paper packet were found and before he could be examined in detail, under the pretext of answering the calls of nature, he escaped leaving primary goods seized from him. The next day on intelligence the same person was apprehended and interrogated. On investigation it was revealed that his real name was P. Vilasan. It was also ascertained that he came from Kasargod with the primary gold seized in this case for disposal at Coimbatore along with one Kunnikannan and since the broker through whom it is to be sold could not be contacted Kunnikannan returned to Kasargod. On further investigation the said Kunnikannan and broker Ravi were apprehended and their statements were recorded and it came to....

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..... Vilasan but acquitted the other accused and has directed the return of the primary gold seized in the case marked as M.Os 3 to 20 to the 2nd accused, who is the respondent herein. It is further contended that after investigation, show cause notice was issued to the accused person and thereafter in the adjudication proceedings the primary gold, viz., M.Os. 3 to 20 was ordered to be confiscated by the Deputy Collector of Central Excise and Customs, Coimbatore by order dated 15-4-1986 which has also been marked as Ex. P. 13 in the case. Thereafter, the primary gold M.Os. 3 to 20 became vested with the Central Government as confiscated articles. 2. It is the case of the petitioner that by virtue of adjudication proceedings, M.Os. 3 to 20 as ....