2002 (4) TMI 206

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he impugned order-in-original dated 23-10-2002 passed by the Commissioner vide which he had ordered for confiscation of silver weighing 318.519 kg. and imposed penalty of Rs. 10 lakhs on him, under Section 112 of the Customs Act, 1962. A penalty of Rs. 50,000/- had also been imposed through this order by the Commissioner on Shri Shravan Kumar (Noticee No. 2 in the show cause notice), but he has no....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the silver on the direction of the appellant as he was only an employee with him on monthly salary. The appellant himself denied the allegations as made out in the show cause notice and maintained that in his absence his employee, Shri Shravan Kumar might have accepted the silver bricks for melting from any other party and as such he was not liable for his act. The statement of the appellant was a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n. He along with the reply to his show cause notice only enclosed one statement showing the stock of silver in his refinery on 15-12-1990. In his statement he also alleged that he is proprietor of M/s. Ganesh Bullion Refinery in which refining of raw silver into purity is generally done and silver is converted into weights as desired by the customers. He has failed to disclose the names of the cus....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cation of the seized silver bricks had been rightly ordered by the Commissioner. 6. However, the Commissioner should have allowed the redemption of the silver bricks to the appellant from whose custody the same were recovered on payment of reasonable redemption fine. Therefore, we modify the impugned order of the Commissioner and allow the redemption of the confiscated silver bricks to the appell....