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Issues: Whether the redemption fine in lieu of confiscation under Section 125 of the Customs Act had been fixed without determining the market price of the imported goods and, if so, whether the matter required remand for fresh quantification.
Analysis: The redemption fine in lieu of confiscation cannot exceed the market price of the goods less duty. Once redemption is permitted, the authority must determine the market price at the relevant time on the basis of evidence. The order of the Deputy Collector did not disclose any finding on market price, and the appellate order also did not address that aspect. In the absence of material showing the market price of the imported goods, the quantum of fine could not be sustained.
Conclusion: The appeal was allowed, the orders fixing the fine were set aside, and the matter was remanded to the Deputy Collector for fresh determination of the redemption fine after considering evidence on market price.