Passenger's Gold Bars fine reduced on appeal, Revenue's enhancement plea rejected.

The Tribunal reduced the redemption fine imposed on a passenger for possessing foreign marked Gold Bars from &8377; 18 lakhs to &8377; 5,00,000. The passenger's appeal against the quantum of the fine was partly allowed, while the Revenue's appeal for enhancement was rejected.

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Issues involved: Confiscation of gold bars, imposition of penalty, redemption fine, quantum of fine, appeal by passenger against fine, appeal by Revenue for enhancement of fine.

In the present case, officers intercepted a passenger arriving from Singapore and found foreign marked Gold Bars in her baggage. A show-cause notice was issued proposing confiscation of the gold and penalty. The Tribunal upheld the penalty but remanded the case for redemption of the gold on payment of a fine. The Commissioner imposed a redemption fine of &8377; 18 lakhs, directing the release of sale proceeds to the passenger after deduction of fine, duty, and penalty. The passenger appealed against the quantum of the fine, while the Revenue appealed for enhancement.

Upon hearing both sides, considering the excessive nature of the fine in relation to the value of the gold at the time of seizure and the fact that the gold had already been sold by the department, the Tribunal reduced the fine to &8377; 5,00,000/- (Rupees Five lakhs only). Consequently, the passenger's appeal was partly allowed, and the Revenue's appeal was rejected.

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