Confiscation of gold unsustainable as ownership and acquisition of gold proved via documentary evidence

Anshul Jain Vs Commissioner of Customs (CESTAT Allahabad) CESTAT Allahabad held that legal ownership and acquisition of gold proved via documentary evidence on the other hand, the Department has not been able to provide any iota of evidence to show that the seized gold bar was smuggled. Thus confiscation under Section 121 Customs Act is unsustainable Facts- DRI received specific intelligence that M/s Mahalaxmi Jewel Exports (Proprietor Shri Prem Sagar Arora) is misusing the EOU Scheme by misdeclaring export jewellery in terms of purity of the gold, and diverting the duty free imported gold int...