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2008 (11) TMI 264 - HC - CustomsRedemption of goods - Absolute confiscation of gold - Held that:- In the instant case the adjudicating authority without adverting to the aspect of Section 125(1) of the Act proceeded to confiscate absolutely the seized gold. No reason was disclosed in the impugned order as to why the adjudicating authority was of the conclusion that the discretion required to be exercised by him under Section 125(1) of the Act was not to be exercised in the facts and circumstance of the instant case. Also the learned counsel appearing on behalf of the respondent and as it appears that there is no doubt with regard to the exercising such discretion judiciously by the learned Tribunal and he also could not join issue in respect there with the learned advocate appearing on behalf of the appellant, therefore, in our considered opinion the matter is to be remitted back before the authority for this limited purpose and to this limited extent as to whether or not to give an option to the appellants to redeem the confiscated goods on payment of such fine as may be considered appropriated by him in lieu of confiscation.
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