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TMI Blog2022 (12) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... pounding of offence under Section 137 of the Customs Act, 1962. It is not found necessary or expedient to relegate the appellant to the process of hearing before the Commissioner of Customs; rather we are of the view that interest of justice shall be served by modification of the order in terms of the proposition advanced on behalf of the appellant. Appeal allowed in part. - CRIMINAL APPEAL NO. 1997 OF 2022 Arising out of SLP(Criminal) No.9086 of 2022 - - - Dated:- 15-11-2022 - HON'BLE MR. JUSTICE DINESH MAHESHWARI AND HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Amit Kumar Attri, Adv. Mr. Priyanshu Upadhyay, Adv. Mr. Viraat Tripathi, Adv. Mr. Shivam Shankar, Adv. Mr. Akash Bansal, Adv. Mr. Anilendra Pan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of six weeks on certain conditions. This order was, however, set aside by the District and Sessions Judge, Delhi on 10.02.2021 in Criminal Revision Petition No.09 of 2021. The said order was challenged by the appellant by way of a revision petition in the High Court of Delhi at New Delhi, being Crl. Rev. P.137 of 2021, which was disposed of by the High Court on 11.06.2021 while granting her permission to visit abroad on various terms and conditions, including that of depositing an amount of Rs.15,00,000/- in the form of FDR in the name of Registrar General of the Court. The appellant, however, could not deposit the said amount, as required in the order passed by the High Court. In the meantime, a show cause notice dated 29.12.2020 was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration [F.No.334/I/2012-ST]. In view of the directions, it is proposed that (i) Though formal application has not been filed as stipulated under Rule 3 of the Customs (Compounding of Offences) Rules, 2005 by the accused yet the compounding may be allowed treating the directions of the Hon ble court as an application for compounding. (ii) The penalty of Rs.6.5 lacs imposed vide OIO No.45 dated 08.02.2022 be deposited forthwith. (iii) An amount of Rs.6,50,000/- (Six Lacs Fifty Thousand only) as compounding amount under Rule 5 of the Customs (Compounding of Offences) Rules, 2005 is deposited within the prescribed time limit of 30 days under sub Rule 5 of Rule 4 of Customs (Compounding of Offences) Rules, 2005 from the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cash only without knowing the consequences. 4. That since enlarge from bail, I am living in a slum area/Jhuggi in a room of a lady who meet me in Tihar Jail as I have no money to afford the rent of a hotel. 5. That this is my first offence and I undertook not to commit such kind of offence never in future. 6. That I will deposit Rs. 6,50,000/- (Rupees Six Lakh Fifty Thousand only) towards the penalty as per Order-in-Original No. 45/Adj./Jyotiraditya/JC/2022 dated 08.02.2022 and Rs. 1,00,000/- (Rupees One Lakh only) towards compounding of offence under Section 137 of the Customs Act, 1962 (Read with Section 132 135 of the Customs Act, 1962) as I have requested to my family and my relatives. 7. That now where I am stay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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