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Issues:
Challenge against order of absolute confiscation of primary gold seized from the appellant. Analysis: The appeal challenged the order of absolute confiscation of 81.900 gms of primary gold seized from the appellant. The appellant contended that the gold was obtained by melting old gold ornaments and that another quantity seized belonged to a different individual. The appellant argued that mere possession of the gold should not lead to absolute confiscation, citing a practice of releasing gold upon payment of a fine. The respondent supported the lower authorities' decision, emphasizing the appellant's lack of a gold dealer's license. The Tribunal considered the submissions and records, noting that the show cause notice only alleged possession of primary gold. The Tribunal questioned the justification for absolute confiscation of the gold and found discrepancies in the authorities' reasoning. The Tribunal observed that the lower authorities did not differentiate between mere possession of gold and engaging in gold dealings without a license, indicating a lack of proper consideration. The Tribunal also highlighted the appellant's claim that the gold was obtained from melting old ornaments and the absence of charges related to dealing in gold without a license. The Tribunal referred to government policies allowing redemption of primary gold upon payment of a fine. Consequently, the Tribunal set aside the order of absolute confiscation and directed the gold to be redeemed upon payment of a fine of Rs. 12,500, with a deadline for the appellant to exercise the option and convert the gold into ornaments. This analysis delves into the appellant's arguments regarding the source of the gold, the absence of specific charges, and the policy of allowing redemption of gold upon payment of a fine. It also highlights the Tribunal's critique of the lower authorities' decision-making process and lack of differentiation between different scenarios involving possession of gold. The final decision to allow redemption of the gold upon payment of a fine reflects a balanced approach considering the circumstances and legal principles involved.
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