Gold not liable for confiscation as revenue failed to prove that gold is smuggled one

Commissioner of Customs Vs Bajrang Ingole (CESTAT Kolkata)

CESTAT Kolkata held that impugned gold cannot be seized u/s 110 of the Customs Act, 1962 as it is a case of town seizure and revenue has failed to prove that gold in question is smuggled one. Accordingly, gold not liable for confiscation.

Facts-

Based upon specific information, the officers intercepted the respondent No.1 on 12.12.2018 along with 1 kg Gold Bar valued at Rs.30,50,000/- and one small size pocket diary being seized from his personal possession vide seizure case dated 12.12.2018.

The so seized gold was examined by M/s.A.B. Kundu Jewellers, an approved valuer, who issued certificate that the recovered yellow metal is made of 24 Karat Gold weighting 1000.000 Grams valued at Rs.30,50,000/- at the prevailing rate on 12.12.2018.

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