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TMI Blog2011 (12) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... t: Ms.Shikha Sapre, Advocate ORDER PER: ARCHANA WADHWA After rejecting the stay petition filed by the Revenue, we proceed to decide their appeal itself, inasmuch as a short issue is involved. Accordingly, we have heard both sides. 2. As per the facts on record, the respondent filed bill of entry dated 5.8.10 for clearance of 2500 kgs OFLOXACIN valued at ₹ 42,34,481.37 imported from China ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at as per Rule 23 of the Drug and Cosmetics Rules, 1945, an import licence in Form-10 shall be required for import of Drugs excluding those specified in Schedule X, and an import licence in Form-10A shall be required for import of Drugs specified in Schedule X. From the documents submitted, it appeared that the appellant had violated the provisions of Rule 23 of the Drugs and Cosmetics Rules, 1945 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djudication by the adjudicating authority, who allowed the re-export of the same on payment of redemption fine of ₹ 5 lakhs and payment of penalty of ₹ 2 lakhs. 6. The said order of the adjudicating authority was appealed against before the Commissioner (Appeals), who reduced the redemption fine to ₹ 25,000/- and penalty to ₹ 75,000/- by observing as under:- "From the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t no payment has been made in respect of the impugned import of goods and hence no foreign exchange is involved. Therefore in the absence of any mens rea, the quantum of fine and penalty imposed seems to be harsh and needs to be reduced. Accordingly, the fine is reduced to ₹ 25,000/- and penalty is reduced to ₹ 75,000/-. The impugned order stands modified to that extent only." 7. Bein ..... X X X X Extracts X X X X X X X X Extracts X X X X
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