1983 (1) TMI 272

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....or the Respondents. [Order per : Sh. K.S. Dilisinhji]. - This is an application for stay filed by M/s. National Harbour Launch Service in connection with their appeal against the order of the Additional Collector of Customs No. S-14-4-1097/80 PINT, dated 1-9-1982 confiscating inter alia the appellants launch valued at Rs. 40,000/-under Sec. 115(2) of the Customs Act and giving them option to re....

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....r. The appellants are also prepared to execute an indemnity bond or undertake to keep the sum of Rs. 30,000/- with M/s. Oil & Natural Gas Commission who owes sums in excess of the amount to the appellant. On being pointed out the provisions of Sec. 129-E of the Customs Act under which stay can be applied only against payment of duty of Customs or penalty. The learned Advocate has referred to the p....

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.... of the fine levied, the rules cannot do so as the rules have to be in conformity with the Act. In any case the rules had already been framed and the rules did not provide for grant of stay of fine levied in lieu of confiscation of the launch. 3.  We have examined the case. We find that the department's contention is correct. The adjudicating authority has confiscated the launch under Sec.....