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2016 (7) TMI 1163 - HC - CustomsImport of gold chains and cigarettes - failure to declare - passing through green channel - import of baggage rules - The petitioner submitted a representation to the 2nd respondent on 25.04.2016 seeking for implementation of the order of the Commissioner (Appeals) and also stating that he intends to re-export the seized gold. This representation was not considered and therefore, the petitioner sent another reminder on 31.05.2016. Since the petitioner was not favoured with any order, he is before this Court by way of this writ petition. Held that:- Admittedly, as on date there is no order of stay granted by the Revisional Authority. Therefore, the 2nd respondent is bound to implement the order passed by the 1st respondent. But, however, this Court is inclined to grant some time to the Department to move an application for stay if they so desire. Accordingly, the 2nd respondent/Customs Department is granted 30 days time from the date of receipt of a copy of this order to move a stay application before the Revisional Authority and if they fail to secure any stay, on the expiry of the 30th day, the respondents shall release the gold subject to the petitioner paying the fine of ₹ 1,10,000/- and the personal penalty of ₹ 36,000/- and such release shall be only for re-export and not for clearance.
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