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Issues: Whether loose finished pouches found in the factory before carton packing and final inspection were liable to entry in RG 1 and, if not, whether confiscation, redemption fine, and personal penalty were justified.
Analysis: The stock was found loose and not in cartons or wrapped cartons, while the manufacturer's regular practice was to enter the goods in RG 1 only after final inspection, carton packing, and wrapping. On that factual basis, the goods had not yet reached the stage at which they were required to be accounted for in RG 1. The alleged excess stock therefore could not be treated as unaccounted finished goods, and the foundation for confiscation and penalty failed. The reference to Rule 53 and Rule 173G did not sustain the action once the goods were shown not to have attained the RG 1 stage.
Conclusion: The confiscation, redemption fine, and personal penalty were not justified, and the appeal succeeded.