DURGA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner challenges the order passed by the Dy. Collector, Central Excise and Customs, Jaipur dt. 10th May, 1978 (Ex. 3) and the appellate order passed by the Appellate Collector of Customs dt. 23rd July, 1980 (Ex. 5) as affirmed by the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi vide its order dated 12th February, 1988 (Ex. 9). The review against which was dismissed by the CEG vide order dt. 14th January, 1989 (Ex. 11).

(3.) The brief facts giving rise to this case are that while the petitioner was travelling in a bus for Balotra/Jodhpur on 24-11-76, he was searched in pursuance of an information by the local police of Barmer. The petitioner was found in possession of nine gold coins bearing PAK marking and weighing in terms of pure gold 104.600 gms. and primary gold in the form of four pattis having purity of 23 cts. weighing 465 .400 gms. Thus the total contraband gold was found in possession of the petitioner by the police on 24-11-76 which was weighing 570 gms.