B.K. SARAOGI Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) In this application, the appellant seeks implementation of the Final Order, dated 2 -6 -95 passed (under Section 129B of the Customs Act) by this Tribunal in the captioned appeal.

(2.) The applicant had imported a revolver (firearm) in February, 1985 and sought clearance thereof without customs clearance permit. The jurisdictional Assistant Collector held that the importation was prohibited, and he confiscated the item under Section 111(d) of the Customs Act with option for redemption. In the appeal preferred by the applicant, the Collector of Customs (Appeals) affirmed the decision of the lower authority. The aggrieved party then approached this Tribunal in the year, 1990. The Collector of Customs, New Delhi was the respondent in the appeal. After hearing both the sides, the Tribunal passed Final Order No. A/481/95 -NRB, dated 2 -6 -95 directing release of the revolver to the party on payment of fine equal to 400% of the assessable value besides payment of appropriate duty. It was also made clear in that order that the redemption of the goods would be subject to production of a valid licence (with 'no sale' condition) in respect of the goods.

(3.) After the above Final Order was passed by this Tribunal, the applicant approached the customs authorities for release of the revolver. He sent a spate of reminders but all those fell on deaf ears. In some of his letters submitted to the Commissioner, it was suggested that, in case the revolver was not available, another one could be supplied. As all his entreaties failed, the applicant has approached the Tribunal urging that the above final order be implemented.