1994 (10) TMI 183

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.... [Order]. - This appeal is against the order of absolute confiscation of cloves and cassia. The confiscation of the cloves has been done for the reason that these are unfit for human consumption as on test the proportion of organic extraneous matter has been found to exceed 2% W/W, as prescribed under the PFA Act. So far as the confiscation of the cloves for this reason is concerned, the lear....

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....f cassia is very harsh and the authorities have been allowing the clearance of such goods on payment of redemption fine and has cited the clearance allowed in terms of order No. C-3/219/93 in A.No. C/250/93 & hence for the goods valued at Rs. 60,300 option for redemption on payment fine of Rs. 1,00,000 has been allowed. He has prayed that similar option may be considered in respect of cassia impor....

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....2-97 should be allowed. I observe that there is nothing on record to show that the appellants had ordered for sub-standard goods. The goods have been found defective only on test by the authorities. I, therefore, while upholding the confiscation of the goods, direct that the learned lower authority should consider the appellants' plea for re-export and replacement in terms of para 80 of the Handbo....