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TMI Blog2001 (7) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of copper wire valued around Rs. 2 lakhs with option to redeem on the payment of fine of Rs. 10,000/-, imposition of penalty of Rs. 10,000/- on the appellant and confiscation of Matador Van with an option to redeem on a fine of Rs. 5,000/-. 2. Facts of the case are that Central Excise Officers visited the appellant s factory on 1-8-1998 and carried out physical verification of stock. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clock and that on the date of stock taking, the officers visited the unit at 10 o clock i.e. before previous day s production could be entered in the statutory record. They also submitted that the goods under confiscation had already been released provisionally and therefore, they were not available for confiscation. They have submitted that an order of confiscation in respect of already released ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned DR has stressed that the loading of unaccounted goods into the truck pointed only to removal of the goods without entering them in statutory accounts and without payment of duty. He, therefore, submitted that the finding against the appellant are reasonable. He also pointed out that there is no justification for reducing the fines or penalty since the amounts involved are very small when com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ption. The Apex Court has held in the case of Western Components Ltd. reported in 2000 (115) E.L.T. 278, that confiscation of provisionally released goods is permissible. There is also no requirement to modify the fines and penalties as they are not high or excessive taking into account the facts and circumstances of the case and the value of the goods involved. 7. In view of what has been state ..... X X X X Extracts X X X X X X X X Extracts X X X X
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