Calcutta High Court
Pranab Dutta vs Union Of India & Ors on 17 November, 2008
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
1
CUSTA No. 22 of 2008
G.A.No.3220 2008
G.A.No.3213 of 2008
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction(Customs)
ORIGINAL SIDE
PRANAB DUTTA Plaintiff/Petitioner/Applicant
Versus
UNION OF INDIA & ORS Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE SANKAR PRASAD MITRA Date : 17th November, 2008.
The Court : After hearing the learned Advocate for the petitioner and perusing the application for condonation of delay, we are satisfied that sufficient cause have been shown in this application to condone the delay. We therefore allow the application for condonation of delay. The application for condonation of delay is thus disposed of. We now take up the appeal.
We have perused the order passed by the learned Tribunal. We have also heard the learned Advocate appearing for the appellant. It appears from the order of the Commissioner that he had made observation stating that there was no evidence on record which indicate that the appellant had any official position in the firm for which he can be said to have acted as CHA, although he had availed of the services of the CHA for clearance of the export consignment in question. After considering the said fact and the conduct of the appellant, the penalty imposed by the authority, has been reduced from Rs.1,00,000/- to Rs.20,000/- giving the reasons therefor.
After perusing the order and the evidence on record, we do not find that there is any illegality or illegality in respect of the order so passed by the 2 learned Tribunal. We further find no reason to admit this appeal. The appeal is therefore dismissed.
All parties concerned are to act on a xerox signed copy of the minutes of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (SANKAR PRASAD MITRA, J.) km