SANJEEV MAGGU Vs. COMMISSIONER OF CUSTOMS GENERAL

JUDGEMENT

(1.) By this writ petition, an employee of one M/s. Shankar Clearing and Forwarding Agency, a custom house agent (In short "CHA"), seeks to challenge an order dated 21 May 2001, issued by the Deputy Commissioner (Policy), informing the CHA that the G-Card issued in favour of its employee, the petitioner herein, has been cancelled with immediate effect. The CHA has been directed to surrender the G-Card immediately.

(2.) Some investigations were undertaken by the Customs Department against one M/s. Hind Overseas, which apparently revealed some involvement of the petitioner in their nefarious activities. Thus, for his acts of omission or commission, a penalty of Rs. 1.00 Lakh was imposed on the petitioner under Section 112(a) of the Customs Act, 1962.

(3.) Against the levy of said penalty, the petitioner preferred an appeal to the Customs, Excise and Gold (Control) Appellate Tribunal ("the Tribunal" for short). Before the Tribunal, the levy of penalty on merits was not pressed and in fact the correctness of the said order was accepted by the petitioner. However, accepting the contention of the petitioner that the penalty was on the higher side, the Tribunal, vide order dated 2 July 2001, reduced the same to Rs. 25,000/-, which was accepted by Counsel for the petitioner to be quite reasonable.