Proof of foreign origin and conscious knowledge required to sustain penalty for town seizure of smuggled gold

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Full Text of the Document

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....Penalty under section 112(b) for town seizure of gold and silver ornaments depends on proof of foreign origin, illicit importation, conscious knowledge, and a nexus to handling, concealing, transporting, or harbouring the goods. The Tribunal found that the Department did not conclusively establish that the seized gold had been imported from Nepal, and a purity report of 98.15% was insufficient to prove foreign origin where imported foreign gold ordinarily exceeds 99.9% purity. Because deliberate involvement and conscious knowledge were also not shown, the nexus issue became immaterial and the penalty was set aside with consequential relief.....