VINOD N. RATHOD Vs. COMMISSIONER OF CUSTOMS (PREV.),

JUDGEMENT

(1.) THIS is an application filed under Section 129E of the Customs Act for waiver of penalty of Rs. 25,000/ -.

(2.) IT would appear that some time in August, 1997 the appellant purchased gold from one Phoolchand Jain, proprietor of K.K. Chains, a shop owned by the said Phoolchand Jain. It is the case of the appellant that he had gone there to collect the invoice or voucher evidencing the sale of the foreign marked gold sold by the said Phoolchand Jain in favour of the appellant. The case of the appellant is that at the time when he want there to collect the evidence of payment of duty he was apprehended. In similar circumstances, stay has been granted by the Tribunal.