Ruma Pal, J. - (1.) The petitioners have challenged an order passed by the Member - Judicial of the Customs, Excise & Gold Control Appellate Tribunal (hereinafter referred to as C.E.G.A.T.) dismissing the petitioners' application for condonation of delay in preferring an appeal.
(2.) The material facts are briefly as follows :
(3.) The petitioner-Company carries on business in gold. The petitioners sent some gold to a certified goldsmith for converting the same into ornaments. On the same date some Customs Officers raided the shop premises of the goldsmith' and seized various quantities of gold including the gold sent by the petitioners. Two show cause notices were issued by the Customs Authority. One was under the Gold (Control) Act, 1968 (hereinafter referred to as the 1968 Act) and the second was under the Customs Act, 1962 (hereinafter referred to as the 1962 Act). The petitioners replied to the said show cause notices. The adjudication proceedings were held by the Assistant Collector of Customs who passed the following order on 30th November, 1977: "Having regard to the facts, circumstances and evidence as discussed above, I confiscate the seized gold bar of foreign origin primary gold and other items i.e. items No. 2, 4 and 5 of the Search List Under Section 71(1) & 71(2) of the Gold (Control) Act, 1968. I also impose penalty of Rs. 500/- (Rupees five hundred only) each on M/s. Chandra & Sons (Pvt.) Ltd. and Shri Tarak Nath Chandra Under Section 74 of the Gold Control Act, '68 as they contravened the provisions of Sections 8(1), 31 and 55 of the Gold Control Act, 1968. I refrain from imposing any penalty on others under the Gold Control Act, 1968.;