9911796707
TMI Blog2009 (1) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... s, for the Appellant. Shri T. Tiju, DR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. These applications are for waiver of pre-deposit and stay of recovery in respect of the penalties imposed on the applicants (appellants). In the impugned order, the Commissioner imposed penalties of Rs. 4 lakhs each on S/Shri Jignesh K. Shah and Premal J. Doshi. He imposed penalties of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ignesh Shah and Shri Premal J. Doshi were arrested on a charge related to the above import and eventually released on 7-12-04. The statements given by them after the release from jail were inculpatory of Shri Deepak Mody, and therefore, Shri Deepak Mody wanted to cross-examine both of them. Shri Ajit Zota also wanted cross examination of Shri Jignesh K. Shah and Shri Premal J. Doshi, in as much as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the report from the Commissionerate and seeks adjournment. Accordingly, we adjourn the matter in respect of Shri Premal J. Doshi to 24-2-2009. 2. We have heard the ld. DR also, who has given a brief account of the case brought out through the statements of the witnesses (appellants). We have also perused the impugned order so as to find out the rationale behind the Commissioner s findings. As r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the importer and its accomplice, who apparently wanted to make a profit out of sale of the expensive drug in India in a fraudulent pretext. We do not think that the appellants have made out a prima facie case against penal liability fixed by the Commissioner. They have not claimed financial hardships either. In the circumstances, we direct S/Shri Jignesh K. Shah, Ajit B. Zota and Deepak Mody to p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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