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The CESTAT held that it had jurisdiction to hear the appeal concerning confiscation of gold jewelry, despite arguments of maintainability. While confiscation u/ss 77, 111(l) and 111(m) of the Customs Act for non-declaration was valid, absolute confiscation was set aside. The appellant was allowed to redeem the gold jewelry on payment of Rs. 50,000 as fine, and the penalty was reduced to Rs. 50,000. The CESTAT found no justification for absolute confiscation, as the government does not survive on confiscatory proceeds, and wrongful import could be addressed by monetary measures. The appeal was disposed of accordingly.
The CESTAT held that it had jurisdiction to hear the appeal concerning confiscation of gold jewelry, despite arguments of maintainability. While confiscation u/ss 77, 111(l) and 111(m) of the Customs Act for non-declaration was valid, absolute confiscation was set aside. The appellant was allowed to redeem the gold jewelry on payment of Rs. 50,000 as fine, and the penalty was reduced to Rs. 50,000. The CESTAT found no justification for absolute confiscation, as the government does not survive on confiscatory proceeds, and wrongful import could be addressed by monetary measures. The appeal was disposed of accordingly.
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