COMMISSIONER OF CENTRAL EXCISE Vs. ANUJ VOHRA

JUDGEMENT

(1.) BY way of the present application the applicant seeks modification of the order dated 7th February, 2003 whereby the order dated 14th August 2002 passed by the Joint Secretary to the Government of India was stayed. It was contended before the Court that in terms of Section 129DD(b) of the Customs Act, 1962 the petitioner was not given notice of the revision filed by the applicant against the order of the Commissioner of Customs (Appeals) and as such the impugned currency was released to the applicant/respondent No. 2 on payment of redemption fine and penalty.

(2.) IT is brought to the notice of the Court that the applicant/respondent No. 2 has already filed a Writ Petition being CWP No. 8002/2002 in this Court on 10th December, 2002 seeking direction to the Department of Customs to release the impugned currency in terms of order dated 14th August, 2002. The following order was passed in the said Writ Petition on 11th December, 2002 : - 'CW No. 8002/2002 Issue notice to the respondents to show cause as to why rule nisi be not issue,returnable on 10 -2 -2003. Notice be also issued in CM for the date fixed.Mr. Nishakant Pandey accept notice on behalf of the respondents. Learned Counsel for the respondent states that he would seek instructions and in case there are no tenable objections he will the currency released in compliance with the order passed in Revision Petition on or before the next date. Renotify on 10 -2 -2003.' dusty,'

(3.) THE present petition has been filed by the petitioner on 28th January, 2003. The petitioner has concealed the fact that the applicant has already filed the aforesaid CWP No. 8002/2002 and obtained the interim order.