9911796707
TMI Blog1983 (1) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... is an application for stay filed by M/s. National Harbour Launch Service in connection with their appeal against the order of the Additional Collector of Customs No. S-14-4-1097/80 PINT, dated 1-9-1982 confiscating inter alia the appellants launch valued at ₹ 40,000/-under Sec. 115(2) of the Customs Act and giving them option to redeem the same on payment of fine of ₹ 30,000/- in lieu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indemnity bond or undertake to keep the sum of ₹ 30,000/- with M/s. Oil Natural Gas Commission who owes sums in excess of the amount to the appellant. On being pointed out the provisions of Sec. 129-E of the Customs Act under which stay can be applied only against payment of duty of Customs or penalty. The learned Advocate has referred to the provisions of Sec. 129-C (6) and (7) to say th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rules have to be in conformity with the Act. In any case the rules had already been framed and the rules did not provide for grant of stay of fine levied in lieu of confiscation of the launch. 3. We have examined the case. We find that the department s contention is correct. The adjudicating authority has confiscated the launch under Sec. 115(2) of the Customs Act and given appellants an opti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and THREAD. Collector of Customs is required after issue of this order, to take and hold possession of the confiscated launch. In such circumstances the Tribunal cannot allow any stay against the recovery of redemption fine. In the aforesaid circumstances we find that there are no provisions under the Customs Act which would permit the Tribunal to grant stay. Accordingly, the appellants reques ..... X X X X Extracts X X X X X X X X Extracts X X X X
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