COLLECTOR OF CUSTOMS Vs. IDROOS NAWFER AND 4 ORS

JUDGEMENT

(1.) THESE are appeals filed by the Collector of Customs, Cochin, in pursuance of the statutory direction of the Gold Control Administrator under Section 82(1) of the Gold (Control) Act, 1968.

(2.) Proceedings were instituted against the respondents herein in connection with the seizure of 60 gold biscuits of foreign origin totally weighing 6990.000 gms., which were brought to Trivandrum by the respondents herein on 17.5.1985 when they arrived at Trivandrum from Male by flight IC 564 and the proceedings eventually resulted in an order of adjudication at the hands of the Collector of Customs, Cochin, under which he absolutely confiscated the 60 gold biscuits of foreign origin under Section 111 (d) of the Customs Act, 1962 read with Section 3(2) of the Imports and Exports (Control) Act, 1947 and Section 71(1) of the Gold (Control) Act, 1968 and imposed a personal penalty of Rs. 3,000 on each of the respondents under Section 112 of the Customs Act, 1962 and a further sum Rs. 2,000/- on each of the respondent under Section 74 of the Gold (Control) Act, 1968.

(3.) THE respondents are absent. THE defects pointed out by the Registry of the Tribunal in the appeals seeking 4 more copies of the order-in-original along with the Gold Control Administrator's authorisation and separate appeals for each of the respondents with 2 more copies of the appeals as per the rules have not been rectified and the learned Senior D.R. also does not have the copies of the impugned order of the original authority. Nevertheless with the available copy of the order passed by the original authority and the directions of the Gold Control Administrator we are disposing of the appeals.