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C.T.A.PILLAI, S.KALYANAM
K. I. Pavunni – Appellant
Versus
Collector of Customs and Central Excise, Cochin – Respondent
S. Kalyanam Member (J)
1. Since the above appeals arise out of a single transaction and the evidence is common, they are taken up together at the request of the parties and disposed of together. For the purpose of convenience we shall first take up the appeal arising out of the Customs Act, 1962.
2. C (T) 197/82 :
This is a transferred case in terms of Section 131B of the Customs Act, 1962 and is directed against the order of the Collector of Customs and Central Excise, Cochin, referred to supra, absolutely confiscating 200 gold bars with foreign markings under Section 111(d) of the Customs Act, 1962, read with Section 3(2) of the Import and Export (Control) Act, 1947 and Sections 8(1) and 23A of the Foreign Exchange Regulation Act read with Notification No. 12 (ii) F-l/48 dated 25-8-1948, as amended, besides imposition of a penalty of Rs. 8 lakhs on the appellant under Section 112(b) of the Customs Act, 1962.
3. On prior information and in pursuance of a search warrant issued by the Assistant Collector, C.I.U., Headquarters Office, Cochin, the Superintendent of Customs, Cochin, with his staff searched the residential premises of the appellant at No. 41/840-A, St. Vincent's Cross
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