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R.JAYARAMAN, P.K.DESAI
Wong Heng Khoon – Appellant
Versus
Collector of Customs (P) – Respondent
R. Jayaraman, Member (T)
1. This is an appeal against the Order-in-Original No. SD/INT/AIU/127/91 APA/99/S/14-5-150/91 AA dated 24.12.1991.
In the aforesaid order, passed by the Additional Collector of Customs, he has ordered absolute confiscation of 165 gold bars and 4 gold bricks weighing 23239 gms valued at Rs. 51.13 lakhs (approximately) at International price and imposed a penalty of Rs. 5 lakhs on the appellant.
2. The facts, which are not disputed by both the sides can be summed up as below:
(i) Acting on a specific information that the appellant who was a passenger travelling in the Cathay Pacific flight from Dubai to Malaysia and occupying seat No. 234 was carrying a large quantity of gold, the officers of the Air Intelligence Unit of Bombay Sahar Airport Customs, boarded the aircraft on arrival from Dubai. They questioned the appellant, who was occupying the seat No. 234. On questioning, the appellant gave out name, produced his Malaysian passport and Air ticket showing routing as Penang-Kulalumpur-Dubai-Bangkok-Penang. The appellant admitted that he possessed 23 kgs of gold in his brief case, which he had not declared to the Pilot of the Aircraft. Thereupon the appellan
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