2007 (10) TMI 15

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....ods. In the present application, it is submitted by the Chief Commissioner that the goods had been disposed of during the pendency of the appeal, more precisely, in February, 2002 and, therefore, the final order requires to be modified so as to enable the original authority to appropriate the redemption fine from the sale proceeds of the goods and release the balance amount to the party. Learned SDR has reiterated this contention of the applicant. It is not disputed by learned counsel for the party that the goods had been disposed of by the department during the pendency of the appeal. It is further submitted by learned counsel that the penalty amount originally determined had been deposited by the party. This submission is not contested. B....

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.... result, we allow the application and substitute the following text for the present text of Final Order No. 498/07 dated 9-5-2007 (in Appeal No. C/23/2007) :- "The appellant was intercepted by officers of Customs on 18-8-1993 in the presence of independent witnesses whereupon he was found to be in possession of two gold cut pieces of foreign origin weighing 74.9 gms. and Indian currencies of the value of Rs. 45,000/-. Subsequent search of his residential premises yielded three gold biscuits of foreign origin weighing 347.8 gms. and two silver coins weighing 62.1 gms. In the absence of valid documents proving licit acquisition of the said goods, the officers seized the same on the basis of reasonable belief that the goods had been smuggle....

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....der Section 111(d) of the Customs Act has to be sustained. However, the plea of the appellant for option of redemption of the goods requires to be favourably considered. In this connection, learned counsel for the appellant has cited certain precedents. It has also been submitted by both sides that the goods had been disposed of in auction by the department in February, 2002 during the pendency of the appeal. Learned counsel has prayed for release of the sale proceeds after deduction of the dues. It is also submitted that the penalty amount was deposited at the lower appellate stage and that what requires to be appropriated is only a reasonable amount of redemption fine. After considering the submissions, we find that, now, there is no d....