BHAGWAN DASS Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) A penalty of Rs. 5 lakhs has been imposed on the appellant herein under the provisions of Section 112(b) of the Customs Act, 1962 holding that he was concerned in selling and purchasing of smuggled silver recovered on 17 -5 -1991 which he knew or had reason to believe, was liable to confiscation.

(2.) THE case of the Department is that on 17 -5 -1991, a Maruti Van No. DL -IC -3820 was intercepted at Red Fort, Delhi. There were three persons in the van namely Shri Gurbachan Singh, Shri Bhagvan Dass and Shri Parveen Kumar. The van was searched and 20 silver slabs collectively weighing 3110 kgs, valued at Rs. 21 lakhs packed in gunny bags, were recovered therefrom.

(3.) THE statement of the appellant herein as well as the other two persons were recorded. The appellant stated that he was involved in sale and purchase of smuggled silver and that on 17 -5 -1991, he received a telephone call at his residence from one Shri Ishwar regarding delivery of 20 silver slabs and that he was told to go to Red Fort and collect smuggled silver from Maruti van; that he went to the Red Fort, located the van, showed a Rs. 5 note containing a particular marking to Shri Gurbachan Singh who was sitting in the van, and that DRI officers searched the van and recovered the silver from it.