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JYOTI BALASUNDARAM
Diastar Jewellery Ltd. – Appellant
Versus
Commissioner of Customs (Appeals), Mumbai (Airport) – Respondent
Per Jyoti Balasundaram : The brief facts of the case are that on 16.07.1997 Customs officer and Security official posted at the warehouse gates of Seepz intercepted one maruti car for routine check and found one maroon coloured leather pouch lying open on the seat besides driver i.e. Shri Pravin Kumar Jain. The pouch was found containing three small paper packets containing cut and polished diamonds totally weighing 65.79 cts. valued at Rs. 1,59,986/-.
2. Statement of Shri Pravin Kumar Jain, Managing Director of M/s. Diaster Jewellery Ltd. was recorded, in which he stated that the pouch belonged to him and it was revealed to contain cut and polished diamonds. The diamonds belonged to the stock of the company of which Shri Jain was Managing Director. Stock taking of the total stock of M/s. Diaster Jewellery showed a deficit which accounted for the seized diamonds recovered from Shri Pravin Kumar Jain. The diamonds had been imported duty free in terms of Notification No. 177/94-Cus. dated 21.10.1994 as per condition 4 (ii) of which the units are bound not to remove the goods imported except in the manner stipulated in Exim policy and notification and there was no provision either
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