2000 (1) TMI 49 - HC - Customs

Summary

Issues:
1. Seizure of gold and currency by Customs Department.
2. Show cause notice for contravention of Customs Act provisions.
3. Confiscation of gold and currency, imposition of penalties.
4. Appeal process before Collector of Customs (Appeals) and Tribunal.
5. Validity of notice served beyond six months.
6. Applicability of Section 125 of the Customs Act for fine in lieu of confiscation.
7. Tribunal's decision on release of seized goods and imposition of fine.

Analysis:

1. The petitioner No. 2 was apprehended by Preventive Officers of the Customs Department with gold and hand-written slips. Initially, he stated the gold was purchased, but later retracted, claiming it was from old ornaments. The Customs Department raided the employer's premises and issued a show cause notice for contravention of Customs Act provisions.

2. The Assistant Commissioner passed an order confiscating the gold and currency, imposing penalties on both petitioners under Section 112 of the Customs Act. The petitioners appealed to the Collector of Customs (Appeals) and then to the Tribunal, which affirmed the lower authorities' decision.

3. The petitioners filed a writ petition challenging the Tribunal's order. The Tribunal first upheld the confiscation of gold but allowed the release of the currency seized from petitioner No. 2. Subsequently, the Tribunal modified its order, offering an option to pay a fine for the release of seized goods.

4. The petitioners contended that the notice served was beyond six months, as per Section 110(2) of the Customs Act, and the fine imposed was excessive under Section 125. The Tribunal, however, held that the notice under Section 124(a) is independent of Section 110(2) and cited legal precedent to support its decision.

5. Regarding the fine in lieu of confiscation, the Tribunal's order was challenged based on the market price of the confiscated goods and the duty chargeable. The Tribunal's modification allowing a fine of Rs. 2,00,000 was found excessive, and the court determined that a fine of Rs. 1,00,000 would be justified based on the applicable provisions.

6. Consequently, the court partly allowed the petition, quashing the Tribunal's order related to the fine in lieu of confiscation and directing the release of the goods to petitioner No. 2 upon payment of the reduced fine. No costs were awarded in the matter.