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2016 (9) TMI 832 - HC - CustomsRelease of detained consignments - confiscation of consignments under Section 111(I) of the Customs Act read with Section 3(3) of the Foreign Trade (Development & Regulation) Act, 1992 - option to pay redemption fine of ₹ 3,50,000/- under section 125 of the Customs Act, 1962 - imposition of penalty of ₹ 25,500/- and ₹ 90,000/- under Section 112(a) of the Customs Act, 1962 - order of the Commissioner of Customs (Appeals) Air, Chennai not implemented by the respondent - respondent filed revision before the revisional authority - Held that: - the decision of the case Union of India vs. Kamalakshi Finance Corporation [1991 (9) TMI 72 - SUPREME COURT OF INDIA] would apply. The Hon'ble Apex Court and this Court in various cases very categorically held that the order of the Joint Commissioner of Customs and the Commissioner of Customs (Appeal) clearly shows that the petitioner has not committed any violation, therefore, they should implement the order of the Commissioner of Customs in a true letter and dispute. The petitioner is entitled to get release of the gold, since the long delay in release of the goods would, no doubt, reduce its potency and its market value would deteriorate to the detriment of the petitioner. There is nothing shown on behalf of the respondent to substantiate their claim that necessary steps had been taken to obtain interim order of stay against the order of the authority. Mere filing of the revision against the order of appellate authority would not empower the respondent to deny release of the goods in question and the respondent have not given any proper explanation as to why no stay order has been obtained against the order of the Commissioner of Customs (Appeals) , even though the said order said to have been challenged by way of further appeal. Therefore, the petitioner cannot be made to suffer due to detention of the goods in question, which had been imported by the petitioner - petitioner entitled to get release of the goods - consignment to be released on payment of redemption fine and penalty - petition allowed - decided partly in favor of petitioner.
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