RAJIV SHASTRI Vs. COMMISSIONER OF CUSTOMS, AHMEDABAD

JUDGEMENT

(1.) AS per the facts on record, appellant is an official of the Indian Oil Corporation and his house was put to search on 25 -5 -2000 by CBI. One key of a locker of State Bank of India was found, locker opened and apart from 975 gms. of gold ornaments, 345 gms. of primary gold including two biscuits having SUISSE markings and coins were found. The said goods were again kept in the locker and the key was taken over by the CBI officers. Information was passed on to Customs Department, who opened the locker on 20 -10 -2000 and seized the goods.

(2.) ON the above facts, proceedings were initiated proposing confiscation of foreign marked gold. The same were confiscated by the original Adjudicating Authority vide his impugned order passed in de novo proceedings and penalty of Rs. 1,50,000/ - was imposed upon the appellant. However on appeal against the above order, the Commissioner (Appeals) released two foreign brand gold biscuits total valued at Rs 1,05,000/ - on the basis of documentary evidences produced by the appellant for legal import of the same. However, he upheld the confiscation of two small gold biscuits of 32 gms, each totally valued at Rs. 26,000/ - one big and three small gold coins weighing 65 gms. valued at Rs. 27,000/ -. He also reduced the penalty to Rs. 20,000/ -. The said order is impugned before me.

(3.) I have heard Shri B.L. Narsimhan, Advocate for the appellant and Shri Sameer Chitkara, SDR for the Revenue.