JAYAKUMAR Vs. PRINCIPAL COMMISSIONER OF CUSTOMS, CHENNAI-I, AIRPORT COMMISSIONERATE; COMMISSIONER OF CUSTOMS (APPEALS-I); JOINT COMMISSIONER OF CUSTOMS; ASSISTANT COMMISSIONER OF CUSTOMS (AIRPORT) ANNA INTERNATIONAL AIRPORT

JUDGEMENT

(1.) Heard Mr.A.K.Jayaraj, learned counsel appearing for the petitioner, and Mr.K.Mohanamurali learned counsel for the respondents and with their consent, the writ petition itself is taken up for final hearing.

(2.) The petitioner has come forward with this Writ Petition for issuance of Writ of Mandamus directing the respondents to release One Gold Chain, weighting 119 Grams pursuant to the orders passed by the Commissioner of Customs (Appeals-I) dated 28.09.2015.

(3.) The petitioner filed the said appeal against an order of absolute confiscation of the Gold jewel passed by the Deputy / Assistant Commissioner of Customs (Airport), Chennai dated 09.07.2015. The Appellate Authority considered the correctness of the said order and pointed out that the petitioner has not concealed the gold jewel in any ingenious manner and there is no previous case registered against him and therefore held that the order of absolute confiscation is not warranted. With this reasoning, the Commissioner (Appeals-I) held that the petitioner is entitled to the option of redemption under Section 125 of the Customs Act, 1962. However, while giving the option of redemption, the Commissioner (Appeals-I) passed a conditional order by virtue of which the petitioner had to pay a fine of Rs.90,000/- and pay personal penalty of Rs.25,000/- . But, till date, this order passed by the Commissioner (Appeals-I) dated 28.09.2015 has not been followed or altered or modified. Now, the petitioner has sought for implementation of the order and release of gold chain.