1999 (11) TMI 289

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..... ordered absolute confiscation of the gold under Section 111(d) of the Customs Act, 1962 and of the currency under Section 121 of the Customs Act, 1962. He ordered confiscation of the Maruti car valued at Rs. 70,000/- under Section 115(2) of the Customs Act, 1962. He also imposed a penalty of Rs. 10,000/- on the appellants. 2. The Commissioner (Appeals), upheld the orders of the confiscation of the gold and the currency but permitted redemption of the motor car on payment of a fine of Rs. 25,000/-. Hence the present appeal. 3. Shri Madhu Patel, ld. Counsel submits that Shri Jain had given the name of his client, Mr. Sandhu, who had given the gold for conversion into jewellery, which was the appellant s business. He contested the confisc .....

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..... ders of confiscation are sustained. 5. I have given thought to Shri Patel s submission that subsequent to the seizure of the gold, the Government liberalised the policy of the importation of the gold in 1992 and that the benefit of the liberalisation would go to the appellant. I do not see any relevance of the later liberalisation and do not consider this request. 6. As regards Indian currency I find that apart from the statement of the appellant, in which he admitted the currency to be sale proceeds of the smuggled goods, there is no other evidence led by the department. His statement was retracted at the earliest opportunity. In support of the claim that the currency was his legitimate earnings. Shri Jain had placed before the adjudic .....

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..... , consider it appropriate to further reduce the redemption fine to Rs. 10,000/-. Shri Patel submits that the car was auctioned by the Customs and makes a grievance of that ground. I am afraid that this Tribunal cannot go into that aspect at this stage. As regards penalty I find that the quantum thereof is appropriate given the value of the gold. However, Shri Patel submits that the appellant has suffered due to the orders of confiscation of the Indian currency and sale of motor car, the sale proceeds of which are yet to be given by the Customs. The appellant is in dire straits. On this count alone, I reduce the penalty from Rs. 10,000/- to Rs. 5,000/-. 8. As regards the Indian currency, the proceedings are remitted back to the jurisdictio .....

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