Per Shri T.P. Nambiar, : These are two appeals directed against two Order-in-Original Nos. (1) 5/Cus/87 (A) and 5/Cus/87 (B), both dated 23.3.87 and passed by the learned Collector of Customs (Preventive), I.N.B., Patna. The appellant preferred these two appeals - one under Customs Act, 1962 and another under Gold Control Act, 1968 - being aggrieved of those two orders. Since both the appeals relate to the same seizure we propose to dispose of these two appeals by a common consolidated order.

2. In terms of the said orders, five pieces of foreign-marked gold weighing 935.550 grams, worth Rs. 1,77,745.00 and one gold chain of 23 carat purity weighing 37.500 grams worth Rs. 6,750.00 were confiscated and personal penalty of Rs. 25,000.00 was imposed on the appellant under Sec. 112 of the Customs Act, 1962 and another Rs. 25,000.00 towards the personal penalty imposed under Sec. 74 of the Gold Control Act, 1962.

3. The facts of the cases are that on 17.10.1985 on the basis of information, the Customs Officers of Gorakhpur Division intercepted the appellant who was travelling in a bus at about 10.15 AM coming from Sonauli side near village Ravatpur. He was in possession of the five p