KRISHNA GOPAL SWARNAKAR Vs. COLLECTOR OF CUSTOMS AND CENTRAL EXCISE

JUDGEMENT

(1.) THIS appeal is directed against the order of the Additional Collector of Central Excise, Guntur, dated 29-6-1987 absolutely confiscating 873,850 gms. of primary gold under Section 111 (d) of the Customs Act, 1962, besides a penalty of Rs. 5,000/- under Section 112 of the Customs Act, 1962.

(2.) The appellant is a certified goldsmith. On the basis of intelligence, the officers of Headquarters Gold & Customs Preventive Unit, Guntur, intercepted the appellant and other person on 2-8-1985 at about 10.30 a.m. at Vijayawada Railway Station. One Durga Das who was also in the company of the appellant at that time was found in possession of the appellant's brief case which on examination by the authorities was found to contain 873.850 gms. of primary gold . as detailed hereunder :

(3.) HEARD Shri C.V. Krishnan, the learned D.R.