2026 (9) TMI 1765

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.....08.2017 that gold of foreign origin in a huge quantity was going to be carried by two persons, namely, Sanjay Saw and Asish Kumar Chakraborty, appellant numbers 1 and 3 respectively, to a melting shop in Bowbazar, Kolkata, a team of Officers of Headquarter P&I Branch of the Customs intercepted the appellant number 3 near Nimtala Ghat Street. 2. On being questioned, Shri Asish Kumar Chakraborty / appellant no. 3 admitted that he was carrying nine (09) numbers of gold biscuits / bars of foreign origin wrapped in newspaper which he was taking to a melting shop at Bowbazar, Kolkata. He further informed that he is an employee of a gold shop at Nimatala Ghat Street, Kolkata. 3. Accordingly, the said shop premises was also searched, during ....

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....tice dated 16.08.2017 was issued to the appellants for absolute confiscation of the gold recovered and to impose penalty on the appellants. 8. Thereafter, by way of the Order-in-Original No. 99/ADC(P)/CUS/WB/2022-2023 dated 30.09.2022, apart from ordering absolute confiscation of the gold, a penalty of Rs. 4,00,000/- each was imposed on appellant numbers 1 and 3 and a penalty of Rs.10,00,000/- was imposed on the appellant number 2. 8.1. The said order was challenged by the appellants before the Ld. Commissioner (Appeals), who, vide the impugned order, affirmed the order passed by the adjudicating authority. 9. Aggrieved from the said order, appellants are before us, praying for reduction in the penalties imposed on them. 10. The....