JUGAL KISHORE Vs. COMMISSIONER OF C. EX.

JUDGEMENT

(1.) THIS appeal is directed against the order -in -appeal dated 28 -10 -2003 wherein the penalty on the appellant has been upheld.

(2.) THE relevant facts that arise for consideration that on 1 -7 -91, the Officers of Enforcement Directorate intercepted and took personal search of one Dili Prasad Sharma and Kamal Sharma and recovered US 19,500/ - from them. The statements were recorded of these two persons and led residential premises of Devki Nandan and Shiv Shankar who were purported to be the purchasers of the gold from these people. The statement of Shiv Shankar was recorded who in his statement stated that they were dealing in smuggled gold and also stated that the recovered foreign currency were proceeds of the sale of gold biscuits. The current appellant was also implicated on the ground that Shiv Shankar in his statement has stated that he used to procure foreign currency from the current appellant. The show cause notice was issued to all the persons including the current appellant, which the adjudicating authority concluded by imposition of penalty of Rs. 30,000/ - on the current appellant.

(3.) ON appeal, the appellate authority also concurred with the view of the adjudicating authority and upheld the order -in -original. Hence this appeal.