(1.) THIS stay petition and appeal is directed against order -in -review No. 01 /OIA/2012, dated 31 -5 -2012.
(2.) AFTER hearing both sides for some time on the stay petition, we find that the appeal itself could be disposed of at this juncture. Hence after dismissing the appeal filed by the Revenue, we take up the appeal itself for disposal.
(3.) THE adjudicating authority absolutely confiscated the consignment under Section 111(d) of the Customs Act, 1962 and also imposed a penalty of Rs. 5,000/ - on the assessee. Aggrieved by such an order, the assessee preferred an appeal before the first appellate authority. The first appellate authority after considering the submissions made before him and the law as has been decided by the Tribunal, held and modified the order -in -original to the extent that absolute confiscation was converted into confiscation and the goods were directed to be released on payment of redemption fine of Rs. 50,000/ -. Aggrieved by such an order, department is in appeal before us.