RAVINDER KUMAR RISHABCHAND Vs. PRINCIPAL COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the impugned orders passed by the respective authorities on the ground that the petitioners ought to have been given an option to pay fine as per the provisions of Sec. 125 of the Customs Act, 1962 (in short "the Act").

(2.) The learned counsel for the petitioners drew the attention of this Court to Sec. 125 of the Act and would submit that if the goods, which have been confiscated, are not prohibited items under the Customs Act, the respondents will have to give an option to pay fine. He also drew the attention of this Court to the impugned orders passed by the respective respondents and would submit that the option to pay fine has not been given, eventhough Sec. 125 of the Act provides for the same.

(3.) The learned counsel for the petitioners also drew the attention of this Court to the following authorities rendered by a learned Single of this Court:-