2003 (7) TMI 95

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....ll for the records relating to the order passed by the first respondent dated 25-8-1994 and to quash the same and to direct the second respondent to permit the clearance of the goods in Bill of Entry No. 1398, dated 19-3-1993 as "Ethyl Alcohol" under Open General Licence. 2.Subsequently, the petitioner filed WPMP Nos. 16953 and 16954 of 2002, seeking amendment of the prayer as well as raising a....

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..... 25 lakhs to Rs. 12,50,000/- and penalty from Rs. 2 lakhs to Rs. 50,000/-. 5.Subsequently, the petitioner considering that the goods are highly evaporative in nature, moved the authorities for accepting the licence and to weigh the goods before clearance since substantial loss by evaporation would have taken place.  As a precondition, the petitioner also paid the fine and penalty. 6.Ho....

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....t in view of the above said facts, the petitioner is not interested in canvassing the rate of duty payable to the goods and considering that the goods have been abandoned, the petitioner would be satisfied to get back the amount paid by him towards redemption fine. 8.Learned Counsel refers to Section 125 of the Customs Act, which deals with imposition of redemption fine. Learned Counsel contend....

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....ession or custody such goods have been seized), an option to pay in lieu of confiscation such fine as the said officer thinks fit : Provided that, without prejudice to the provisions of the proviso to sub-section (2) of Section 115, such fine shall not exceed the market price of the goods confiscated, less in the case of imported goods the duty chargeable thereon. where any fine in lieu of c....