R GOPINATHAN Vs. COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) G/Stay/763/87/MAS. - The Stay petition has been filed seeking interim suspension of the operation of the impugned order of the Collector of Central Excise (Appeals) confirming the non-renewal of petitioner's licence pending appeal. Since we propose to dispose of the appeals themselves today with the consent of the parties, the petition is dismissed.

(2.) Shrl Prabhakara Sastry, the learned counsel for the appellant, admits the contravention and pleads for reduction in the quantum of fine and penalty stating that this is the first time the appellant was found to have contravened the Act. The learned counsel further submitted that the ornaments in question were received by the appellant only on the date of seizure just about a couple of hours prior to the arrival of the authorities.

(3.) THE offence is admitted in respect of a total quantity of 230.700 gms. of ornaments, both old and new, valued at Rs. 42,870 for a charge on non-accountal. THE authorities below have only imposed a fine of Rs. 11,000 under Section 73 of the Act and the penalty of Rs. 8,000 imposed by the original authority has been reduced to Rs. 4,000 by the appellate authority under the impugned order. We do not think that the quantum of fine and penalty in the circumstances of the case calls for any modification or reduction. We, therefore, confirm the same and dismiss Gold Control Appeal No. 389/87.