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2016 (10) TMI 297 - HC - CustomsImplementation of order passed by Commissioner of Customs (Appeals) dated 30.06.2015 - redemption fine imposed ₹ 2,50,000/-, subsequently reduced to ₹ 1,50,000/- confiscation of gold from a Indian citizen - assorted gold jewellery - no stay obtained by the Department to implement the order - Held that: - as on date there is no order of stay granted by the Revisional Authority. Therefore, the Department bound to implement the order passed by the first respondent. However, the Court inclined to grant some time to the Department to move an application for stay before the Revisional Authority, if they so desire. The Department granted 45 days time to move a stay application before the Revisional Authority and if they fail to secure any stay or appropriate interim orders, on the expiry of the 45th day, the respondents shall release the gold subject to the petitioner paying the redemption fine of ₹ 1,50,000/- and such release shall be only for re-export and not for clearance. The petitioner shall also file a bond securing the interest of Revenue, in the event they succeed before the Revisional Authority. - petition allowed - decided in favor of Department on fulfilling specified requirements.
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