Penalty u/s 112(a) & (b) of Customs Act based on retracted statement unsustainable

Amit Ghosh Vs Commissioner of Customs (CESTAT Kolkata) CESTAT Kolkata held that imposition of penalty under section 112(a) & (b) of the Customs Act, 1962 on the basis of retracted statement and in absence of any independent corroborative evidence unsustainable in law. Facts- Three appellants i.e. Amit Ghosh, Ajay Kr. Gond and Sanjay Gond were all working as Havalders of Customs at NSCBI Airport, Kolkata said three Appellants were intercepted together at Netaji Subhash Chandra Bose International Airport (NSCBI) Airport, by the Officers of Directorate of Revenue Intelligence, when they alleg...