Commissioner Of Customs (Preventive) Vs Rajendra Kumar Damani @ Raju Damani (Calcutta High Court)
The case at hand involves an appeal by the Commissioner of Customs (Preventive) challenging the order of the Customs Excise and Service Tax Appellate Tribunal, Kolkata (Tribunal). The Tribunal had allowed the appeal filed by the respondent and other connected appeals, contending that the gold in question was derived from old jewelry purchased in cash, and therefore not subject to confiscation. Additionally, the Tribunal held that the cash recovered from the respondent and others couldn’t be proven to be sale proceeds of smuggled gold, thus not subject to confiscation or penalties.
The Directorate of Revenue Intelligence (DRI), Kolkata, conducted a search at two premises in Kolkata and found significant amounts of cash in Indian currency, yellow metallic coins believed to be foreign gold, and white metallic granules believed to be foreign silver. The respondent admitted during questioning that the cash was the sale proceeds of smuggled gold and silver. The search also uncovered yellow metallic bars believed to be foreign gold concealed inside newspapers and more Indian currency. The respondent admitted to owning the shop where these items were found and to dealing with smuggled gold.
