(1.) HEARD Mr. Rakesh Kumar Singh for the appellants, and Mr. Birju Prasad for the respondents.
(2.) BOTH the appeals under the provisions of Section of the Customs Act, 1962 (hereinafter referred to as the 'Act'), arise out of a common order dated 21 -5 -2007, passed by the learned Technical Member of Customs, Excise and Service Tax Appellate Tribunal, East Zonal Branch, Kolkatta in Appeal No. CSM -139, 140/2005, whereby the two appeals preferred by the respondents herein have been allowed, the order of adjudication and confiscation of the gold bars of foreign origin recovered from the possession of one Krishna Kumar, acting as a carrier of Devki Nandan Prasad @ Darki N and an Prasad (respondent in M.A. No. 630 of 2007), has been set aside.
(3.) WHILE assailing the validity of the impugned order, learned counsel for the appellants submits that the learned Tribunal has grievously erred in setting aside the order of adjudication, and the appellate order. His submission is that the learned Tribunal has completely failed to appreciate the sweep of Sections and of the Act. He relies on the following two judgments of the Supreme Court: