2013 (9) TMI 833

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..... . ORDER P.C. : On 2 June, 1986, the Collector of Customs (Preventive), Mumbai, passed an order by which gold ornaments weighing 1038 gms seized from the petitioner were confiscated under Section 71 of the Gold (Control) Act, [1968] and a penalty of Rs. 50,000/- was imposed on the petitioner. The Collector permitted redemption on payment of a redemption fine of Rs. 1,00,000/- to be exercised with .....

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..... ioner seeks to challenge the communication dated 16 December, 2011 of the Commissioner of Customs (Preventive) rejecting the representation of the petitioner dated 23 August, 2011. and prays for the return of the gold ornaments or in the alternative, the payment of the sale proceeds together with interest. 3. According to the petitioner, he had approached the Revenue for release of the gold ornam .....

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..... interest. 4. An affidavit in reply has been filed by the Assistant Commissioner of Customs in order to traverse the allegations contained in the Petition. According to the Revenue, the petitioner had failed to exercise the option of payment of redemption fine even after a lapse of more than 15 years after passing of the order of the Tribunal dated 4 May 1992, despite opportunities being given to .....

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..... etitioner was himself to blame in not paying the redemption fine within a period of three months from the date of the order of Tribunal dated 4 May 1992 or at least within a reasonable period after passing of the said order. The option of redemption was granted to the Petitioner which he failed to exercise within a reasonable period. About two decades have elapsed since the order of the Tribunal a .....

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..... . The gold being vested absolutely in the Union Government, no fault can be found in the action that was pursued of selling of confiscated property. In these circumstances, the prayer for the return of the gold ornaments or in the alternative, for the payment of sale proceeds, cannot be acceded to. 7. There is no merit in the petition. The petition shall accordingly stand dismissed.
Case laws .....

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