COLLECTOR OF CUSTOMS (P) Vs. MOTIBAI N. KOLI

JUDGEMENT

(1.) THIS Misc. application is filed under Rule 40 of the CEGAT (Procedure) Rules, contending that the order of this Tribunal bearing No. 811/WRB/94, dated 6 -5 -1994 is not being implemented by the Dept. on some excuse or the other.

(2.) IT may be observed that one vessel which is the subject matter here was seized by the Dept. and was ordered confiscation by the adjudicating authority, which order was set aside by the Collector (A). As the Dept. came in appeal by filing the appeal, the Tribunal vide their afore -mentioned order, though allowed the appeal, but simultaneously observed that the order of the adjudicating authority which was for absolute confiscation of the vessel was not warranted and modified the same by granting option to the appellant to pay a fine of Rs. 10,000/ - in lieu of confiscation. It is reported that the amount of redemption fine has already been deposited by the appellants within the time extended by this Tribunal and in spite of that the vessel which was initially released and has been subsequently taken into detention pursuant to the filing of the appeal by the Dept. is not being released. The notice was served to the other side.

(3.) SHRI Singh, the ld. JDR appearing for the appellants, however, submits that the release is not ordered because the respondents have not complied with the requirement.