PATEL PATH, P.S.KOTWALI, DISTRICT-PATNA Vs. KAPILDEO PRASAD (IN 64) AWADESH KUMAR THAKUR (IN 65) VIJAY KUMAR (IN 66) BRIJ KISHORE PARIT (PANDIT) (IN 67)

JUDGEMENT

(1.) ALL these applications arise out of a common order and as such they were heard together and are being disposed of by this order.

(2.) Short facts giving rise to these applications are that Custom officials on 15.3.1998 seized sixteen pieces of gold biscuits from the cabin of a truck. Awadhesh Kumar Thakur, who was in the truck, stated that gold biscuits belonged to one Vijay Kumar Son of Kapildeo Prasad and the driver of the truck, namely, Brij Kishore Parit (Pandit) did not had knowledge about it. The Commissioner of Customs by order dated 22.6.2001 directed for confiscation of the gold biscuits. He also passed order for confiscation of the truck with an option to the owner to redeem the same on payment of redemption fees of Rs. forty thousand. It also inflicted personal penalty of Rs. Ten thousand, fifty thousand, twenty thousand and one thousand upon Awadhesh Kumar Thakur, Kapildeo Prasad, Vijay Kumar and Brij Kishore Parit respectively.

(3.) AGGRIEVED by the same all of them preferred separate appeals before the Customs, Excise and Gold (Control) Appellate Tribunal, hereinafter referred to as the Tribunal. The Tribunal by the impugned order dated 18.2.2002 had allowed all the appeals and set aside the order of confiscation and imposition of personal penalty.