Patna High Court - Orders
Commissioner Of Customs, Patna vs Ghanshyam Prasad Gupta on 17 November, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
MA No.616 of 2009
COMMISSIONER OF CUSTOMS, PATNA
Versus
GHANSHYAM PRASAD GUPTA
-----------
2. 17.11.2009Mrs. Archana Meenakshee for the appellant is present and presses I.A.No.7085 of 2009, wherein a prayer has been made for stay of operation of the impugned order of the learned Tribunal.
Issue notices in the main matter as well as in the stay matter to the respondent under ordinary course as well as per registered post with A/D for which requisites etc. must be filed within one week, failing which this appeal shall stand rejected without further reference to the Bench.
The following substantial questions of law arise in the present case:-
1. Whether the impugned order is bad in law and facts.
2. Whether the impugned order has been passed without proper analysis of provisions of law.
3. Whether the statement made before Custom officials under section 108 of the Customs Act 1962 is a material piece of evidence.
4. Whether these material piece of evidences incriminates the respondent in the contravention of the provisions of the Customs Act 1962.
5. Whether the statements made by four -2- persons before the Customs officials are a substantial piece of evidence connecting the respondent with the contravention.
Put up under the heading "For Hearing Under Order 41, Rule 11 of the Civil Procedure Code." soon after service of notice.
( S. K. Katriar ) ( Kishore K. Mandal ) hr