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TMI Blog1988 (12) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods imported by them and imposing redemption fine in liew of confiscation and imposing penalty against them. 3. The appellants imported canalised items under additional import licence granted to them in pursuant to this Court's order dated 18.4.1985 in Civil Appeal No. 1423/84, Union of India v. Rajni Kant Brothers. By that order this Court directed the Union of India to issue additional licences for the import of items placed under OGL during the policy period 1978-79, with direction that "save and except the items which are specifically banned under the relevant import policy at the time of import, such licence holders would be entitled to import all other items either canalised or otherwise in accordance with the relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties, they had not committed breach of any law and they were not liable to pay any penalty or fine and the goods so imported were not liable to be confiscated. The Tribunal allowed the appeals partly, it held that the disputed imports had not been made in defiance of the Import Policy or the law laid down by the Supreme Court, it observed "at best there was a wrong understanding of the law laid down by the Supreme Court. This wrong understanding was not only on the part of the importers but was also on the part of the licencing authority and even the Union Government and the importers were also entitled to seek sustenance from the judgment of the Bombay High Court." On these findings the Tribunal set aside the penalties imposed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch finding has not been challenged before us rather the Additional Solicitor General has fairly conceded the correctness of the findings of the Tribunal relating to the bona fide of the appellants in importing the disputed goods, we are of the view that the Collector and the Tribunal both were not justified in confiscating the goods or in imposing redemption fine. 5. We accordingly allow the appeal, set aside the order of the Collector and the Tribunal with regard to the confiscation of goods and imposition of redemption fine. Sine, the respondent authorities have already realised the redemption fine from the appellants, we direct the respondent to refund the amount of redemption so realised within a period of one month from today. We woul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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