9911796707
TMI Blog2013 (3) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... ted Goods" as per Section 2(33) of the Customs Act, 1962 - he has not been able to make out a prima facie case for total waiver of pre-deposit of penalty. - Pre deposit ordered equal to 25% of penalty. - Stay Petition Nos. SP-615, 616, 617,618, 619, 624, 625, 650, 772 And 782/2009, C.A. Nos.357, 358, 359, 360, 361, 367, 368, 392, 518 And 529/2009 - S-126-135/KOL/2012 - Dated:- 23-2-2012 - S.K. Gaule And D.M. Misra, JJ. Appellants Rep by: Shri Arijit Chakraborty, Adv for Sl. Nos. 1-7, Shri Sukhendu Bhattacharjee, Adv. for Sl.No.8, Shri Fareen Gaffar for Sl.No. 9-10 Respondent Rep by: Shri S. Chakraborty, Asst. Commissioner (AR) Per: S.K. Gaule: 1. The applicants have filed this applications for waiver of pre-deposit o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that someone might have misused their names. 3.1.2 Contention of Shri Sanjay Prasad is that he is only working as a broker of the impugned goods which was meant for its actual destination to Delhi from Manipur. He was for the purpose of clearance of the goods up to Kolkata and up to Delhi through another broker. 3.1.3 Contention of Shri Praveen Kr. Gupta is that he is working as a broker for the said consignment and was not aware of the nature of the goods. The contention is that he had prayed for the release of the goods even upon payment of redemption fine but the ld. adjudicating authority had given option of redemption of only some goods and not for the rest of the goods, even-though the goods are not prohibited. 3.1.4 Ld. Advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on) Act, 1972 and trading of which is prohibited under the relevant provisions of the said Act read with definition of "Prohibited Goods" as per Section 2(33) of the Customs Act, 1962. 5.1.1 We find that Shri Praveen Kr. Gupta has claimed that out of the goods already confiscated, only a part of has been allowed to be redeemed. Certain other goods claimed by him are yet to be released. The said aspect would be considered at the time of final hearing. In these circumstances Shri Praveen Kr. Gupta is not able to make out a prima facie case for total waiver of pre-deposit of penalty. Shri Sanjay Prasad has voluntarily admitted his offence thus he has also not been able to make out a prima facie case for total waiver of penalty. Both of them ..... X X X X Extracts X X X X X X X X Extracts X X X X
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