9911796707
TMI Blog1999 (9) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant. Smt. Janaki Arun Kumar, SDR, for the Respondent. [Order per : Justice K. Shreedharan, President]. - This appeal has been filed out of time. So the appellant moved COD/437/99 praying for condonation of delay of 35 days caused in filing the appeal. The appellant, a Muslim girl undergoing her studies in Kerala returned from UAE where her parents are settled. She could not get timely in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d bangles on her body. Those gold ornaments were taken by the authorities as being smuggled into India without the sanction of law. Accordingly the adjudicating authority, i.e. the Assistant Collector, ordered their confiscation but allowed them to be redeemed on payment of redemption fine of Rs. 5,000/-. Personal penalty of Rs. 2,500 was also imposed on the appellant. This order of the adjudicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are the ornaments will entail their confiscation and other proceedings under the Act. This view, according to us, is not a proper understanding of the provisions of the Act and the Rules. On the facts and circumstances of this case, we are clear in our mind that the ornaments belonged to her who was about to be got married. The action taken by the adjudicating authority in confiscating the gold or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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