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1. Heard learned Counsel for the parties.

2. This Petition under Article 226 of the Constitution of India challenges the Order-in-Original bearing No. JC/SW/98/ADJN. APSC (hereinafter referred to as "the impugned order") dated 3rd April 2024 whereby a penalty of Rs. 31,50,88,552/- under Section 112(a) and 112(b) and Rs. 129,14,32,317/- under Section 114AA of the Customs Act, 1962 (hereinafter referred to as "the Act"), being imposed on the Petitioner. The impugned order finds its genesis in search proceedings, which were carried out by the officers of the Customs (Preventive), Marine and Preventive Wing, Mumbai at the offices of M/s. Shree Charbhuja MANISH Diamonds Pvt. Ltd (SCDPL), M/s. Kanika Gems Pvt. Ltd and M/s. Yogeshwar SURESHRAO THATTE THATTE Date: 2026.02.17 11:38:37 +0530 Diamonds Pvt. Ltd., who allegedly indulged in making fraudulent outward foreign Laxmi 15 WP 507-26.DOC exchange remittance using fake/duplicate bills of entries fabricated on the basis of genuine bills of entry.

declaration of the name of the importer and IEC in the six bills of entry and therefore proposed to impose penalty on the Petitioner under Sections 112(a) and 112(b) along with Section 114AA and/or 117 of the Act. In pursuance of the aforesaid show cause notice, Respondent No.2 passed the impugned order which is the subject matter of challenge in the present Petition.

4. By the impugned order, a large penalty of Rs. 31,50,88,552/- under Section 112(a) and 112(b) and Rs. 129,14,32,317/- under Section 114AA of the Customs Act, 1962, has been imposed on the Petitioner. This penalty has been imposed on the basis of investigation carried out at the premises of the three importers as noted in para 2 above.