HARISH MULJIMAL GANDHI Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard the petitioner who has appeared in person. Petitioner has stated that he was a Non Resident Indian and on 2nd October, 1997, he came from Dubai and from his baggage 319 gms gold, valued at Rs.1,46,740/-, electronic and miscellaneous goods valued at Rs.2,56,500/- and Indian currency of Rs.3,500/- were seized at the Indira Gandhi International Airport. He was prosecuted but was acquitted on 24th April, 2010. Copy of the judgment passed by the trial court has, however, not been placed on record.

(2.) THE petitioner wrote a letter dated 8th October, 2010, to Additional Commissioner of Customs, for release of gold for re-export and demanded monetary value of electronic goods. He also asked for interest.

(3.) IT is alleged that the petitioner had then preferred a revision application before the Government of India, Ministry of Finance, Department of Revenue, and the same was decided by the order dated 14th February, 2000. The Order-in-Appeal was modified to the extent of allowing redemption of gold on payment of fine of Rs.40,000/- within four weeks from the receipt of the order. The said order has become final and has not been challenged. As the redemption fine was not paid, the gold was confiscated.