the cash was brought from Mysore to Calicut concealed in the specially made cavity in the car bearing Registration No. KA04MP4692, that the foreign marked gold was collected from a person mentioned by the appellant Shri Sachin Vilas kadam in Kamat market, Calicut on payment of cash brought and the 5kg of gold was given to Shri V. Anil Kumar’s house, in Hyderabad as per the instruction of appellant Shri Sachin Vilas Kadam, handed over the gold to Shri V. Praneeth Kumar, received the cash given by him and concealed it in the specially made cavity in the above said vehicle. Statements of Shri V. Praneet Kumar, nephew of V. Anil Kumar and Shri Murmshetty Shekar, employee of the appellant V. Anil Kumar were recorded, who corroborated the statements of the appellant Shri Swapnil Madhukar Mane and Shri Akash K Ingole and stated that they had received 50 gold bars, totally weighing 5kgs out of which 1kg was already given to Shri Dilip Patel on instructions of the appellant Shri V. Anil Kumar and that the amount for the 10 gold bars was already received by the appellant Shri V. Anil Kumar. The said gold bars were valued by Government registered and approved jewellery valuer, who certified that all the 40 pieces of the foreign mark gold bars are of 999.0% purity (24 karat gold) and valued at Rs. 1,57,52,000/- (One Crore Fifty Seven Lakhs and Fifty Two Thousand only). On reasonable belief that the said gold with foreign marking was smuggled gold and the Indian currency of Rs. 5,01,500/- (Five Lakhs One Thousand and Five Hundred only) and the India currency of Rs. 1,94,96,200/- (One Crore Ninety Four Lakhs Ninety Six Thousand and Two Hundred only) recovered from the vehicle bearing Registration No. KA04MP4692 are sale proceeds of smuggled gold, the same were seized under the provisions of Customs Act, 1962 and the said vehicle valued at Rs. 4,45,699/- (Four Lakhs Forty Five Thousand Six Hundred and Ninety Nine
