NIRMAL EXPORTS Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner M/s. Nirmal Exports seek a writ of ccrtiorari for quashing and setting aside Order No.l2013/3/94-ADJ/AC dated nil passed by Shri Ishwar Singh, Under Secretary to the Government of India, Ministry of Commerce, Appellate Committee Cell, purportedly as the Appellate Authority.

(2.) By the impugned order, the appeal of the petitioner against the adjudication order dated 21st October, 1992 passed by Additional Chief Controller of Imports and Exports was dismissed. By the said order, petitioner who claims to have imported brass scrap under OGL had sold the same to M/s. Himachal Arts on a high sea sale. The allegation against M/s. Himachal Arts, was contravention of Section 4-I(1)(a) of the Impex Act, 1947 and Clause 8 of the Imports (Control) Order, 1955. M/s. Himachal Arts were holding Duty Free Advance Licence and are stated to have failed to fulfil their export obligation and mis utilized the imported goods. By the adjudication order, petitioner were also held guilty of abetment in the misuse of import policy provision by M/s. Himachal Arts and penalty of Rs. 10 lakhs was imposed upon petitioner. Petitioner was further debarred from importing goods, receiving import licences and receiving imported goods from any canalising agencies for a period of one year from 1.1.1992 to 31.10.1993.

(3.) This case has a checkered history. It was dismissed in limini and in appeal, it was remanded back to the writ Court for disposal after issuance of notice and ascertaining the stand of the respondents. I have heard Mr. Arvind Nigam, learned Counsel for the petitioner in support of the writ petition and Mr. Sidharth Mridul, learned Counsel for respondents in opposition.