1996 (11) TMI 242

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.... [Order]. - This case involves the absolute confiscation of a Revolver make ERMA 32 bore, on the observation that where as the then Import Trade Control Policy permitted the gifts to be made by a blood relation residing abroad to an Indian the subject revolver was gifted to the appellant by someone who was not a blood relation and in fact whose identity was not readily known to the appellant. ....

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....0/- each. He stated that the appellant's imports were also in the same time frame. He also relied upon the Tribunal Orders No. A/247/89-NRB, dated 12-7-1989 and No. A/617/93-NRB, dated 10-8-1993 in which the Tribunal had permitted redemption of weapons imported under similar circumstances. He also relied upon Order No. A/2585/96-NRB, dated 4-11-1996. Shri N. Singh would submit that in this case al....

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.... prescribing redemption reads as under : "125. Option to pay fine in lieu of confiscation. - (1) Whenever confiscation of any goods is authorized by this Act, the officer adjudging it may, in the case of any goods, the importation or exportation whereof is prohibited under this Act or under any other law for the time being in force, and shall, in the case of any other goods, give to the owner o....

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.... the officer concerned to determine the quantum thereof. A number of factors would go to make up the mind of the officer in deciding upon a quantum lower then the maximum permissible. The fact that the recipient appellant is a member of the judiciary would certainly influence his decision. However, the starting point has necessarily to be the market price. It is the officers in the field who would....