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Pursuant to the above quoted directions of this Court the respondent was granted additional licence dated September 4, 1985 for the import of Palm acid oil which was a canalised item under the Import Policy 1985-88. The respondent entered into a contract dated May 5, 1986 with a Singapore firm for supply of 4000 M.T. of Palm acid oil. The invoice in respect of the said contract was dated september 1, 1986 and the respondent filed the Bill of Entry on September 11, 1986.

The Collector Customs Calcutta by his order dated, October 31, 1986, confiscated the goods on the ground that the import of Palm Acid Oil-a canalised item-was unauthorised. The respondent was, however, given the option to get the goods released on payment of a fine of Rs. 58,00,000/- in lieu of confiscation.

The appeal filed by the respondent before the Customs, Excise & Gold (Control) Appellate Tribunal (hereinafter called `the Tribunal') was allowed and the order of Collector confiscating the goods was set aside. The Tribunal directed the refund of the redemption fee to the respondent.