1997 (5) TMI 65 - HC - Central Excise

Summary

Issues:
1. Validity of penalty imposed under Section 74 of the Gold (Control) Act, 1968 based on a confessional statement allegedly obtained under coercion.
2. Dismissal of revision petition against the penalty orders on grounds of being time-barred.
3. Condonation of delay in filing the revision petition.

Detailed Analysis:
1. The judgment revolves around the validity of penalties imposed under Section 74 of the Gold (Control) Act, 1968, based on a confessional statement allegedly obtained under coercion. The petitioner was arrested after gold was recovered from two individuals, and a penalty was imposed on the petitioner based on a confessional statement. The Chief Judicial Magistrate found the arresting officer guilty of assault, leading to doubts about the validity of the confessional statement. The Central Government accepted a revision petition stating that the confessional statement could not be relied upon, leading to the quashing of the penalty orders.

2. The dismissal of the revision petition against the penalty orders on grounds of being time-barred was challenged. The petitioner argued that since the Central Government had accepted the revision petition on the premise that the confessional statement was coerced and unreliable, it was inconsistent to dismiss the second revision petition as time-barred. The court found that both revision petitions were accompanied by applications for condonation of delay, indicating that the dismissal on grounds of being time-barred was unjustified.

3. The issue of condonation of delay in filing the revision petition was crucial. The petitioner contended that the delay should have been condoned, especially since the Central Government had accepted the first revision petition on the basis of the coerced confessional statement. The court agreed with the petitioner, noting that the dismissal of the second revision petition on the grounds of being time-barred was unjust, given the circumstances. Ultimately, the court allowed the petition, quashed the impugned order, and concluded the matter without remanding it further.