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TMI Blog1994 (7) TMI 164X X X X Extracts X X X X X X X X Extracts X X X X ..... : Jyoti Balasundaram, Member (J)]. The above application has been filed for stay of adjudication proceedings in case No. VIII (H) 10-5-1993 before the Collector of Customs, Jaipur in the following background : 2. On 4-3-1992, 3 persons viz. the appellant herein Kanhaiya Lal Purswani, Vijaya Kumar Purswani and Raju Purswani were apprehended near Bar (in Pali District) and search of the dic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty proceedings. 3. Shri G.K. Rana, learned Advocate for the applicants submits that the impugned order of confiscation has been passed is an ex parte order. The applicants had prayed before the Collector on 5-1-1993 that the adjudication should be stayed as any reply on the merits of the matter would prejudice the defence of the applicants in the criminal complaint filed by the Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icants had applied once again for stay to the adjudicating authority on 31-1-1994. However, the Collector rejected the request for stay of adjudication of penalty proceedings by communication dated 7-2-1994. The learned Counsel submits that the adjudicating authority has already prejudged the issue, holding that the gold is smuggled and was seized from the possession of the applicants, without giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in his jurisdiction to adjudicate upon the penal liability of the applicants. No ground has been made out for stay of penalty proceedings and, therefore, the prayer merits rejection. 5. On considering the submissions of both sides, we are of the view that the applicants have not made out a case for stay of the penalty proceedings pending before the Collector. It is open to the applicants to adva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that balance of convenience lies in their favour so as to warrant stay. We also note that if their prayer is acceded to, it will in reality amount to stay of operation of the communication dated 7-2-1994 of the Collector which is in the nature of interim order and the Tribunal does not have the jurisdiction to stay any interlocutory order of the authorities below. Therefore, we are declined to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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