However, the petitioner was given the option to pay fine of Rs. 2 lakhs plus appropriate Customs Duty as leviable, in lieu of confiscation, as provided for under the provisions of Section 125 of the Customs Act. Further, the petitioner was imposed a penalty of Rs. 1 lakh. It was also ordered that adjustment be made from the security deposit made by the petitioner earlier for provisional release of the goods. Similarly, vide the Order-in-Original dated 03.06.2013, the Addl. Commissioner of Customs ordered confiscation of the mobile handsets of foreign origin to the petitioner belonging to the petitioner valued at Rs. 45,01,453/- under Section 111(b), (d) and 119 of the Customs Act. However, the petitioner was given the option to pay of fine of Rs. 4 lakhs plus appropriate Customs Duty as leviable in lieu of confiscation under Section 125 of the Customs Act. The petitioner was also imposed with a penalty of Rs. 1 lakh under Section 112(b) of the Customs Act. Since the petitioner had made security deposit for provisional release of the goods, appropriate adjustment was directed to be made towards the fine and penalty imposed upon him. Accordingly, since the security deposit made by the petitioner was more than the penalty and fine imposed upon him, the balance amount refundable was refunded to him after he made an application for the same.