bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO.37 OF 2009 Dinkarbhai H.Jogi ..Appellant Vs. Commissioner of Customs & Ors. ..Respondents Mr.Vikram Nankani i/b. Madhu M.Patel for appellant. Mr.J.B.Mishra for respondents. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 25TH NOVEMBER,2009 P.C. 1. Heard. Perused appeal. Admit, on the following substantial question of law: Whether the Tribunal was justified in confiscating gold jewelery along with Indian Currency of Rs.1,22,000/- under the provisions of Section 121 of the Customs Act and in retaining penalty of Rs.10,00,000/- on the appellant in the facts and circumstances of the case ? 2. So far as interim relief is concerned, parties were heard. The appellant shall furnish a bank guarantee of any nationalised bank in the sum of Rs.10,00,000/- within ten weeks from today and shall keep alive the same during the pendency of the appeal. The Revenue shall not dispose/change/replace the jewelery confiscated. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)