THIRD MEMBER ON REFERENCE : SHRI HARISH CHANDER, PRESIDENT BHAIYA LAL ALIAS RAJ KUMAR Vs. COLLECTOR OF CUSTOMS (PREV.), PATNA

JUDGEMENT

(1.) THESE are two appeals directed against two Order -in -Original Nos. (1)5/Cus/87(A) and 5/Cus/87(B), both dated 23 -3 -1987 and passed by the learned Collector of Customs (Preventive), I.N.B., Patna. The appellant preferred these two appeals - one under Customs Act, 1962 and another under Gold (Control) Act, 1968 - being aggrieved of those two orders. Since both the appeals relate to the same seizure we propose to dispose of these two appeals by a common consolidated order.

(2.) IN terms of the said orders, five pieces of foreign -marked gold weighing 935.550 grms. worth Rs. 1,77,745.00 and one gold chain of 23 carat purity weighing 37.500 grms worth Rs. 6,750.00 were confiscated and a personal penalty of Rs. 25,000.00 was imposed on the appellant under Section 112 of the Customs Act, 1962 and another Rs. 25,000.00 towards the personal penalty imposed under Section 74 of the Gold (Control) Act, 1968.

(3.) THE facts of the cases are that on 17 -10 -1985 on the basis of information, the Customs Officers of Gorakhpur Division intercepted the appellant who was travelling in a bus at about 10.15 AM coming from Sonauli side near village Ravatpur. He was in possession of the five pieces of foreign marked gold and gold chain mentioned above. His statement was recorded and show cause notice was issued and the Adjudication Proceedings took place. After adjudication, the above -said order was passed.