2001 (11) TMI 1063

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....hri Keshav Kumar in Indore and found 192 silver chaurasas weighing 154.012 kgs and one silver slab weighing 36.300 kgs totally valued at Rs. 13,13,152/-. Statements of S/Shri Keshav Kumar, Prakash Chand Thakur, Suresh Neema, Bhola Nath Thakur and Ashok Dhanwani among others were recorded. Shri Keshav Kumar in his statement recorded on 15-10-91 stated that for the last two months he was dealing in silver of Indian and foreign origin brought into India by smuggling; that he owned melting unit in Indore where he melted silver of Indian and foreign origin; that he had employed four melters named Bhola Nath, Prakash, Anil and Phopy; that on 10-10-91, Shri Suresh Neema had delivered 5 silver slabs at his refinery with the instructions to make cha....

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....at he was an employee in the refinery of Shri Keshav Kumar; that he confirmed the statement of Shri Bhola Nath after seeing it; that Suresh delivered the silver slabs of foreign origin to their refinery; that silver slabs of foreign origin contained markings; that on seeing silver slabs noted at serial Nos. 5 and 7 of seizure panchnama dt. 15-10-91 he confirms that approximately 46 silver slabs contained foreign markings; that 2 silver slabs out of 5 received in the refinery on 15-10-91 were having foreign markings. The statements of other persons were also recorded. Since the silver slabs were of foreign origin and of smuggled nature, therefore, the same were seized in the reasonable belief that they were smuggled into India and were liabl....

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....se return of silver has been allowed on payment of fine. In support of his contention, ld. Counsel refers to various judgments of this Tribunal. He submits that the penalties are very severe; that Shri Bhola Nath and Shri Prakash Dhanwani were only employees and had nothing to do with dealing in smuggled silver and, therefore, imposition of penalty on them was not justified. He submits that Shri Keshav Kumar was only a melter and was doing the job work for a few rupees as wages; that the penalty was not imposable on Shri Ashok Dhanwani as he had denied any connection with the seized silver. He, therefore, prays that the appeals may be allowed. 7. Shri A.N. Saxena, ld. DR submits that S/Shri Keshav Kumar, Bhola Nath and Prakash Dhanwani a....