9911796707
TMI Blog2010 (8) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... ther bags, wallets, etc., and filed a bill of entry to clear the same. The wallets mentioned at Serial Nos. 28 & 29 of the invoices were of Python skin for which the Wild Life Regional Office did not gave NOC for their clearance holding that "Python reticulates" being mentioned in the Schedule-1 of the Wild Life (Protection) Act, 1972 which is prohibited item. The original adjudicating authority held that the import of wallets, in question was prohibited and confiscated the same. He also confiscated the remaining items under Section 118A of the Act, on the ground that they were in same package along with the offending goods. Accordingly, the penalty was also imposed on the appellant under Section 112 of the Customs Act, 1962. On appeal befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed and CITES certificate also confirmed the same, the absolute confiscation is not correct. Accordingly, penalties are also to be waived. In alternate, he prayed that if the wallets in question are to absolutely confiscated as prohibited, the appellant may be allowed to re-export the same to the country of origin as per CITES certificate. 4. On the other hand, the learned DR reiterated the impugned orders and submitted that the wallets in question are prohibited as per Wild Life (Protection) Act, 1972 and the confiscation of the whole consignment done by the lower authorities is absolutely correct. 5. Heard both sides. 6. On careful examination of the submissions made by both the sides, I find that the issues involved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssential to obtain NOC from the Wild Life Regional Officer which the appellants had failed to obtain, which amounts to the imported wallets are the prohibited goods. Accordingly, the absolute confiscation of the wallets is correct and the order of confiscation of wallets is confirmed. 7(c). Whether these wallets in question can be allowed to be re-exported or not. As the wallets has been absolutely confiscated on the ground that they are the prohibited goods not to be allowed to import in India under Wild Life (Protection) Act, 1972. But in the country of origin, the CITES certificate has been issued to the appellant and where it can be used freely. As the customs cannot allow these wallets in India at all and they have to destroy the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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