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G.R.SHARMA, A.C.C.UNNI
Bin Sabt Jewellery – Appellant
Versus
Commissioner of Customs, New Delhi – Respondent
Per A.C.C. Unni :
By Order-in-Original dt. 16.8.99, Commissioner of Customs (Air Cargo Unit), New Delhi ordered confiscation of 200 T.T. Gold Bars under Section 111 (d) of the Customs Act, 1962 with a redemption fine of Rs. 1 crore. A penalty of Rs. 5 lakhs was also imposed on the appellants under Section 112 (a) of the Act. A penalty of Rs. 25 lakhs was also imposed on M/s. Shri Ganesh Exports, A-33, Okhla Phase-I, New Delhi under Section 112 (a) of the Customs Act.
2. The present Appeal filed by M/s. Bin Sabt Jewellery challenges the said Order insofar as it relates to them.
3. We have heard Shri L.P. Asthana, ld. Advocate for the appellants and Shri R.D. Negi, ld. SDR for the Respondent Collector.
4. The appellants are dealers in bullion in Dubai and are said to be one of the major exporters of gold bullion to India. The appellants claim that on the receipt of a FAX message from M/s. Shri Ganesh Exports, A-33, Okhla Phase-I, New Delhi for supply of 200 T.T. gold bars, the appellants despatched a consignment of 200 T.T. gold bars under Air Way Bill No. NBR 09873101044 by Flight No. AI 726 dt. 23.7.98, which arrived at New Delhi Airport on 24.7.98. The deal was to be completed on
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