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TMI Blog2007 (8) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... aranjan Satapathy, Member (T)]. Heard both sides. 2. The case involves seizure and absolute confiscation of gold biscuits weighing 2917.240 gms. valued at about Rs. 14.00 lakhs (Rupees fourteen lakhs). The first two appellants have been penalised Rs. 2.00 lakhs (Rupees two lakhs) each, whereas the other three appellants have been penalised to the extent of Rs. 5.00 lakhs (Rupees five lakhs) each. 3. Dr. Samir Chakraborty, learned Senior Advocate appearing for the appellants states that keeping in view the facts and circumstances of the case, he is not contesting the confiscation of the impugned gold. His arguments are directed against absolute confiscation of the gold and he pleads for release of the gold on payment of redemption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mporting of gold is no longer prohibited. He states that under the EXIM Policy, import of gold is allowed free subject to RBI Regulations. He also states that under Notification No. 62/2004-Cus., dated 12-5-2004, import of gold has been allowed under concessional rates of duty. 3.2 The learned Senior Advocate further states that the Hon ble Andhra Pradesh High Court in the case of Shaik Jamal Basha v. Government of India - 1997 (91) E.L.T. 277 (A.P.), has held that option to pay fine in lieu of confiscation has to be given to importer of gold, as the same is otherwise entitled to be imported on payment of duty. He also states that in the case of Mohamed Ahmaed Manu v. Commr. of Cus., Chennai - 2006 (205) E.L.T. 383 (Tri.-Chennai), the Che ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nary jurisdiction in interfering with the Order, when the discretion exercised by the lower court cannot in the opinion of the Hon ble High Court be said to be contrary to law. 5.1 Applying the ratio of the decision of the Hon ble Supreme Court in the case of Sheikh Mohd. Omer (supra) and the jurisdictional High Court in the case of Uma Shankar Verma (supra) to the present appeals, we find that the import of gold has been allowed subject to conditions such as following the RBI Regulations, and in absence of compliance with those conditions in importing gold would render the impugned gold liable for absolute confiscation as prohibited goods. As such, the impugned Order passed by the lower authority, ordering confiscation of the impugned go ..... X X X X Extracts X X X X X X X X Extracts X X X X
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