9911796707
TMI Blog2008 (7) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... S.N. Kantawala and N.D. George, Advocates, for the Appellant. Shri N.A. Sayed, JDR, for the Respondent. [Order]. - This application for early hearing No. C/MA(EH) 888/08 is allowed to be withdrawn as the stay petition is already listed. 2. These two stay applications are directed against the imposition of penalties by the adjudicating authority under the provisions of Section 112 of the Customs Act, 1962 and also imposition of redemption fine under the provisions of Section 125 of the Customs Act, 1962. 3. After hearing both sides for some time on the stay petition, I find that the issue involved in this case is in a narrow compass. Hence after waiving the pre-deposit of the amounts of penalty involved and redemption fine i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cker Nasirbhai to ensure stuffing of container in such a manner that boxes containing watches do not come to the notice of Customs at Mumbai. Besides, it has also been brought out as to how Shri Mohammed Gouse made arrangements for clearance of the consignment of toothbrushes, diapers and plastic bowls concealed with wrist watches with Shri Ramesh S. Pandey, his Custom House Agent operating in the name of his company, M/s. Siddharth International, using the CHA licence of M/s. A. Abba Sons (11/396). Investigations also revealed that Shri Ramesh Pandey who it has been established, is a habitual offender, operating and using different CHA licences, in the past, agreed to arrange clearance of the present consignment on payment of Rs. 1 Lak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. Counsel appearing on behalf of the appellant Mohammed Gouse Kareem submits that the value which has been enhanced by the adjudicating authority is not being challenged by the appellant. It is his submission that the redemption fine of Rs. 4 lakhs and penalty of Rs. 10 lakhs imposed on the appellant is excessive. He submits that the appellant is incurring demurrage charges of the container, which is in the port and also the container charges. He urges for setting aside the penalty and reduction of redemption fine. 5. Shri N.D. George appearing on behalf of the appellant Shri Ramesh Pandey (CHA) submits that the penalty imposed on him is not correct it is on record that Mr. Mohammed Imran Arif Chasmawala who was the main importer and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the importer As such in my considered view, that the redemption fine imposed by the adjudicating authority is excessive and in order to meet the ends of justice the redemption fine imposed under Section 125 of the Customs Act, 1962 is reduced to Rs. 1.00 Lakh (Rupees one lakh only). 8. As regards the penalties, I find that the penalties imposed on the CHA and the importer are correct as there was an attempt to smuggle goods, by concealing wrist watches in the toothbrushes, diapers and plastic bowls. It is on record that the importer Shri Mohammed Gouse Kareem had been paid an amount of Rs. 2 lakhs for previous consignment. As regard the CHA, I find that the role of CHA is not being disputed. In my considered view, the penalties impo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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