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TMI Blog2013 (9) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent of Customs (Preventive), Gold Control, by a letter had informed the Petitioner that the Commissioner of Customs had ordered absolute confiscation of gold ornaments - The gold being vested absolutely in the Union Government, no fault can be found in the action that was pursued of selling of confiscated property - the prayer for the return of the gold ornaments or in the alternative, for the payment of sale proceeds, cannot be acceded to. - Writ Petition No. 690 of 2012 - - - Dated:- 9-1-2013 - Dr. D.Y. Chandrachud and A.A. Sayed, JJ. Shri Rajinder Kumar with D.P. Singh, for the Petitioner. Shri Advait Sethna with Ms. Suchitra Kamble, for the Respondent. ORDER P.C. : On 2 June, 1986, the Collector of Customs (Preventiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue for release of the gold ornaments and also paid a fine of Rs. 15,000/- on 20 August, 1991 against the penalty of Rs. 40,000/- and addressed several letters to the Authorities stating that he is ready to pay the redemption fine and penalty. The Petitioner had averred in the Petition that he had addressed letters dated 8 June 1992, 14 October, 2002, 28 January, 2009, 18 February, 2009 and 8 December, 2009 to the Authorities in that regard. The Petitioner has adverted to a representation dated 8 February, 2010 made by him. The petitioner has also made a grievance that he ought to have Been heard before the gold was sold in October, 2010 and there has been a violation of the principles of natural justice. The petitioner, in the circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id order. The option of redemption was granted to the Petitioner which he failed to exercise within a reasonable period. About two decades have elapsed since the order of the Tribunal and the filing of the present Petition and by no stretch of imagination can this be regarded as a reasonable period. The Superintendent of Customs (Preventive), Gold Control, by a letter dated 8 July 1997 (in reply to the letter dated 1 July, 1997 of the Petitioner), had informed the Petitioner that the Commissioner of Customs had ordered absolute confiscation of gold ornaments. Pertinently in his letter dated 18 February, 2009 addressed to the Assistant Commissioner of Customs (Preventive), the petitioner has stated as follows : .... I admit that I have m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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