ISHWARLAL SONI Vs. COMMISSIONER OF CUSTOMS, JAMNAGAR

JUDGEMENT

(1.) BRIEFLY stated the facts of the case are that 5 boxes containing 2514.750 gms of 16 to 18 carats purity smuggled gold valued at Rs. 7,97,731/ - were recovered by the Police Sub -Inspector Shri M.J. Parmar at Panchkoshi B -Division, Jamnagar from the goldsmiths of Jamnagar and Bhuj under Section 102 of the Criminal Procedure Code. The said action was taken on the basis of information received by the DSP, Jamnagar that two persons viz. Shri Abbas Jaku Bhaya and Shri Talab Siddik Sanghar, both of Sikka, Jamnagar had smuggled the gold ornaments from Dubai (Malgoi) and brought to Salaya (India) in a vessel of Salaya during the month of December, 1993 and the same were disposed of to goldsmiths of Jamnagar and Bhuj. The seven gold bars of 16 to 18 carats purity contained in 5 boxes totally weighing 2514.750 gms having value of Rs. 7,97,731/ - were handed over by Shri M.J. Parmar, PSI to the Customs Department on 11 -4 -94 for taking action under the provisions of Customs Act, 1962.

(2.) THE gold bars were detained from the persons who were not having any import documents to substantiate the licit import thereof. Hence, on a reasonable belief that the seven gold bars made from the aforesaid smuggled gold ornaments, are liable for confiscation, the same were seized under the provisions of Customs Act, 1962.

(3.) STATEMENTS of Shri Talab Siddik Sanghar and Shri Abbas Jaku Bhaya were recorded on 12 -4 -94 under Section 108 of the Customs Act, 1962 before the Superintendent of Customs (PI), Jamnagar wherein they stated that they had stolen gold ornaments from a jewellers shop in Malgoi (Dubai) and the gold ornaments were packed in a colour tin and smuggled into India.