M. Santhanam, Member (J)

1. This is a revision petition filed before the Government of India which on transfer is being treated as an appeal. The appeal is directed against the orders dated 3.4.82 of the Appellate Collector, New Delhi.

2. The Assistant Collector of Customs, New Delhi by his order dated 29.4.81 confiscated 63.600 grams of gold under Section 71 of the Gold (Control) Act 1968, with an option to M/s. Bharat Jewellery House to redeem the same on payment of redemption fine of Rs. 1,500. A personal penalty of Rs. 1,500 was imposed on the appellant for contravention of the Sections 8, 31, 33 and 55 of the Gold (Control) Act, 1968 and Rules 11 and 134 of the Gold Control (Forms, Fees and Miscellaneous Matters) Rules, 1968. The Appellate Collector reduced the personal penalty from Rs. 1500 to Rs. 500.

3. The facts of the case are as follows :

The appellant is a gold dealer, having his business under the name and style M/s. Bharat Jewellery House at 257, Sabzi Mandi, Delhi. On 22.8.80 the appellant who is a partner in the firm was present when the Gold control authorities checked the statutory returns of the firm. On verification, new gold ornaments weighing 34.800 grams and