SURESH DHANSIRAM AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner has challenged the interlocutory orders passed by the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT), Mumbai requiring the petitioner to deposit a sum of Rs. 50 lacs as a pre -deposit for hearing the petitioner's appeal against the order dated 7 -6 -1999 passed by the Commissioner of Customs (Adjudication), Mumbai imposing penalty of Rs. 4 crores under Section 112 of the Customs Act, 1962.

(2.) THE facts leading to this petition, briefly stated, are as under : -

(3.) ON the other hand, Mr. D.N. Patel, ld. Sr. Standing Counsel appearing for the respondent authorities on advance notice has opposed the petition and has submitted that when the Commissioner of Customs (Adjudication) has given a finding of fact that the exports as claimed while obtaining Advance Licence were not in fact made and that the petitioner was the king pin of the entire fraud, no interference of this Court is called for with the order passed by CEGAT in the stay application and that too, when two modification applications made by the petitioner have already been dismissed by CEGAT. The ld. Standing Counsel has also invited our attention to the order passed by the Commissioner of Customs (Adjudication) and to the orders passed by the Additional Director General of Foreign Trade.