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2004 (10) TMI 147

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....mber (J) (Oral)]. - On 1-5-1997, officers of Customs recovered from a Salem-bound bus three Silver Bars of foreign origin, weighing 18.500 kgs, 12.300 kgs and 15.900 kgs, totalling to 46.700 kgs. One Shri M. Murugesan travelling in the bus claimed the goods but could not produce any documents evidencing licit import or acquisition of the goods. The Silver Bars were seized by the Customs apprehendi....

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....e Bill of Entry. The appellate authority, however, rejected the packing list for want of correlation and upheld the confiscation, but with an option for redemption of the goods against payment of a fine of Rs. 1.6 lakhs. This order of the Commissioner (Appeals) is under challenge in Appeal No. C/225/2002. A similar order of the Commissioner (Appeals) has been challenged by Shri Murarilal Agarwal i....

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....gin, it has been decided that normally the provisions of Section 123 of the Customs Act, 1962 should not be invoked against persons who are found to be in possession of silver bullion of less than 100 kgs. However, if the silver bullion is found to be in the form of bars weighing 30 kgs (appropriately) each which are being smuggled into the country and also where silver bullion is found to bear fo....