No confiscation when smuggled nature of gold not established: CESTAT Kolkata

Monirul Mallick Vs Commissioner of Customs (CESTAT Kolkata) CESTAT Kolkata held that confiscation of gold bar not justified since the smuggled nature of the gold has not been established by the department and the appellant has produced evidence of purchase of the gold from domestic sources. Accordingly, appeal allowed. Facts- On 02.03.2019, at around 12:30 p.m., one Sk. Amjad Ali, employee of Shri Monirul Mallick (the appellant herein) was intercepted by the personnel of Government Railway Police. Upon search, Sk. Amjad Ali was found to be in possession of 06 (six) pieces of gold bars, collect...