Mere possession of Foreign marking gold cannot be treated as smuggled without corroborative evidence

Rajesh Kumar Vs Commissioner of Customs (Prev.) (CESTAT Delhi) CESTAT Delhi held that mere possession of foreign marking on gold without any corroborative evidence doesn’t lead to the conclusion that it is smuggled gold. Facts- During search 20.643 kgs. of gold of foreign origin, having total market value of Rs. 6,46,57,189/- was recovered. On enquiry Sh. Rajesh Kumar could not produce any document for legal possession of the gold and informed that the said gold was received from Sh. Amit Goel, Director of M/s Pace Commodity Brokers Pvt. Ltd., through his employee Sh. Pankaj Kumar Singh. Dur...