2008 (8) TMI 671 - AT - Customs

Summary

Issues: Confiscation of Red Sanders/Sandalwood, Penalty and Redemption Fine, Waiver of Pre-deposit

Confiscation of Red Sanders/Sandalwood:
The case involved the confiscation of Red Sanders/Sandalwood from a godown in Taloja, with penalties imposed by the adjudicating authority. The ld. Commissioner (Appeals) reduced the penalties and allowed redemption of the goods based on a previous Tribunal order. The applicant sought unconditional clearance of the goods, challenging the confiscation itself. However, the Tribunal held that the goods could be released on payment of a redemption fine. The applicant was directed to make a revenue deposit of Rs. 1.00 lakh for clearance of the confiscated consignments within three days.

Penalty and Redemption Fine:
The Tribunal considered the submissions and records, finding that the revenue deposit of Rs. 1.00 lakh was sufficient to hear and dispose of the appeal. Consequently, the condition of pre-deposit of penalties was waived, and the stay petition was disposed of accordingly.

In conclusion, the Tribunal addressed the issues of confiscation of Red Sanders/Sandalwood, penalty, and redemption fine by allowing the release of goods upon payment of a redemption fine. The Tribunal also waived the pre-deposit condition for penalties upon the revenue deposit of Rs. 1.00 lakh.