IMPORTANT POINT
Mere fact that the goods were released on the bond being executed, would not take away the power of the customs authorities to levy redemption fine.

Headnote:Customs Act, 1962-Redemption fine-Goods released on execution of bond-Subsequent levy of redemption fine-Challenge on ground that goods not in custody of authority hence redemption fine not leviable-Held: mere fact that goods were released on bond being executed would not take away power of customs authorities to levy redemption fine. (Para 1)

ORDER

1. It is contended by the learned counsel for the appellant that redemption fine could not be imposed because the goods were no longer in the custody of the respondent-authority. It is an admitted fact that the goods were released to the appellant on an application made by it and on the appellant executing a bond. Under these circumstances if subsequently it is found that the import was not valid or that there was any other irregularity which would entitle the customs authorities to confiscate the said goods, then the mere fact that the goods were released on the bond being executed, would not take away the power of the customs authorities to levy redemption fine.

2. The appeal is dismissed.

(C.R.) Appeal dismissed.

************

Parallel Citations of other Journals :

Weston Components Ltd. v. Commissioner of Customs, New Delhi, 2000(1) Supreme 16 : 2000(1) JT 52 : 2000(115) ELT 278 : (2000) 1 SCC 565 : 2000 (88) ECR 544 : 2000 (35) RLT 475 : AIR 2000 SC 567

Click Here to Read the rest of this document