Subrata Dutta Vs. Commissioner of Customs (P), West - Court Judgment

Excerpt:
1. the appellants are praying for dispensing with the condition of predeposit of personal penalty of rs. 10,000/- (rupees ten thousand) imposed upon him on the findings that the gold of foreign origin valued at rs. 1,11,000/- (approx.) has been recovered from his possession. the appellant has not denied the said recovery, but has only submitted that the gold belonged to his uncle and he had gone to his uncle's shop where he was told by him to put the gold in his trousers' pocket.accordingly he did so.2. after hearing both the sides i do not find a prima facie case in favour of the appellant so as to dispenses with the condition of predeposit of the entire penalty amount. accordingly i direct the applicant to deposit an amount of rs. 5,000/- (rupees five thousand) within a period of two weeks from today. subject to deposit of the above amount the balance amount of penalty is waived. matter to come up for compliance and disposal of appeal on 7.9.2001. the other connected appeal should also be listed on the said date for disposal.

Judgment:
1. The appellants are praying for dispensing with the condition of predeposit of personal penalty of Rs. 10,000/- (rupees ten thousand) imposed upon him on the findings that the gold of foreign origin valued at Rs. 1,11,000/- (approx.) has been recovered from his possession. The appellant has not denied the said recovery, but has only submitted that the gold belonged to his uncle and he had gone to his uncle's shop where he was told by him to put the gold in his trousers' pocket.

Accordingly he did so.

2. After hearing both the sides I do not find a prima facie case in favour of the appellant so as to dispenses with the condition of predeposit of the entire penalty amount. Accordingly I direct the applicant to deposit an amount of Rs. 5,000/- (rupees five thousand) within a period of two weeks from today. Subject to deposit of the above amount the balance amount of penalty is waived. Matter to come up for compliance and disposal of appeal on 7.9.2001. The other connected appeal should also be listed on the said date for disposal.