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2016 (4) TMI 683 - HC - CustomsConfiscation of seized rough diamonds - Diamonds provisionally released by the time order is passed by Adjudicating Authority (AA) - AA ordered redemption fine of ₹ 32.61 lacs on the petitioners, and directed that the bank guarantee of ₹ 32.61 lacs furnished by the petitioners may be appropriated against such redemption fine. Additionally, there were also fines imposed. Held that:- If there is any error apparent on the face of the record which requires rectification, it is always open for the authorities to exercise such powers. In catena of decisions, in the guise of rectification, the power of review which do not vest in the authority, cannot be exercised. Be that as it may, when the original order passed by the adjudicating authority is perused, in which the redemption fine and personal penalties were imposed. Clearly, the bank guarantees and bonds were to be executed by the petitioners for provisional release of the goods. This provisional release was substituted by confiscation and redemption fine. If therefore, the petitioners pay such redemption fine, they should be entitled to return of the bank guarantees and cancellation of the bonds. The redemption fine and the penalties having been modified by the Appellate Authority, direction ought to have been given for return of the bank guarantee and cancellation of the bonds upon the petitioners depositing substituted redemption fine. Linking the return of the bank guarantee and the cancellation of bond to the penalties, was either done wholly through oversight or at any rate without legal justification. In either case, we would strike down that portion of the appellate order and permit the petitioners to pursue their pending appeal before the Tribunal for the rest of the grievances. - Petition disposed of
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