JAYBHARAT FABRIC MILLS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Mr.D.N.Patel, learned Senior Central Govt. Standing Counsel appears and waives service of Rule on behalf of the respondents. At the request of the learned Advocates for the parties, the petition is taken up for final hearing today.

(2.) The petitioner company is a manufacturer of man-made fibre and fabrics. Some goods belonging to petitioner No.1 Company had been seized on 23.12.1992. The goods, which had been seized, had been subsequently released upon furnishing a bond and security deposit. After following the necessary procedure, ultimately by an order dated 28.6.2002, the security given by petitioner No.1 was ordered to be appropriated under the provisions of Rule 173Q(b) of Central Excise Rules,1944 read with Sec.34 of the Central Excise Act,1944 (hereinafter referred to as 'the Act'). The said order dated 28.6.2002 has been challenged by the petitioners in this petition.

(3.) Mr.Paresh M.Dave, learned Advocate appearing for the petitioners has submitted that the petitioners are aggrieved by the impugned order, as by virtue of the impugned order, the security given by the petitioner company has been appropriated under the provisions of Rule 173Q(b) read with Section 34 of the Central Excise Act, as the goods were not available for confiscation. Moreover penalty has been imposed upon one of the Directors of the petitioner Company and the Manager, the authorized signatories of the petitioner Company. Moreover, penalty has also been imposed upon the petitioner Company by virtue of the impugned order.