2003 (12) TMI 228

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..... the impugned orders the authorities below have confiscated the glass beeds imported by the appellant with an option to them to redeem the same on payment of redemption fine on the ground that the same required a licence, whereas the appellant have imported goods under OGL. For identical reasons penalties have also been imposed upon them in all the three cases. 2. Shri Naresh Thacker, learned Ad .....

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..... us clearances being under OGL, with the consent and knowledge of the customs authorities, no offence can be said to have been committed by the appellant in importing the present consignment under OGL. He submits that it is well settled law that where identical consignments had been cleared previously without any objection from the customs authorities no penalty should be imposed upon the appellant .....

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..... the appellants cannot be said to have committed any offence, thus justifying any penal action against them. Accordingly we set aside the personal penalties of Rs. 10,000/-, Rs. 50,000/- and Rs. 7,000/- imposed in each of the Bill of Entry. 5. As regards the confiscation, the appellant has been given an option to redeem the goods on payment of redemption fine of Rs. 30,000/-, Rs. 1,50,000/- and .....

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