UNION OF INDIA Vs. MOHAMMED AIJAJ AHMED

JUDGEMENT

(1.) The petitioner herein has come against the order of the Tribunal dated 11th February, 2002 whereby the Tribunal in an appeal preferred by the respondent herein who has claimed to be the carrier of the gold on behalf of one Shri Mohammed Karimuddin of Hyderabad, set aside the order of confiscation and remanded the matter back to the Commissioner for fixing the redemption fine taking the totality of the circumstance.

(2.) It is not necessary for us to go into very suspects of the matter. Section 125(1) reads as under :-

(3.) In the instant case, according to the respondent himself the owner was Karimuddin as he had acted on behalf of Karimuddin. The question of the Tribunal exercising the jurisdiction u/s. 125 of the Customs Act and remit the matter to give an option to the respondent herein to redeem the goods was clearly without jurisdiction.