M JOSEPH FERNANDEZ SON Vs. CEGAT, CHENNAI

JUDGEMENT

(1.) The prayer in this Writ Petition is for a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the first respondent in Appeal No. C/PD/115/02 & C/152/02 dated 13-3-2003 and quash the same as unsustainable and arbitrary and further direct the second respondent to dispose of the appeal of the petitioner on merits and in accordance with law.

(2.) The petitioner firm is a stevedore for M/s. Zim line and M/s. Arebee Star Maritime Agencies Private limited. On 6-3-2000, the third respondent herein has passed an order imposing a penalty of Rs. 50,000/- under Section 112(b) of the Customs Act, 1962 for the charges that the petitioner removed empty container without the permission of the customs authorities. Admittedly, the petitioner herein has not filed appeal against the said order dated 6-3-2000 within the period stipulated under the Act, but belatedly filed an appeal before the second respondent which was dismissed on 11-12-2001 on the ground that the same is barred by limitation. As against the said order, the petitioner has filed an appeal before the first respondent/Tribunal, which was also dismissed on 13-3- 2003 confirming it, which is challenged in this writ petition.

(3.) Mr. Jayachandran, learned counsel for the petitioner submitted that admittedly, the appeal against the order passed by the third respondent was filed after the period or limitation, however, the fact remains that the petitioner has removed the empty container only after obtaining oral permission from the customs authorities, but unable to produce any written order; that the usual practice is only oral permission since the empty containers are in the custody of customs authorities. The learned counsel further submitted that the petitioner firm consists of father and son, the father is 70 years as on date; that this Court while granting interim order directed the petitioner to pay a sum of Rs. 10,000/- which was also paid by the petitioner, later, another sum of Rs. 10,000/- was directed to pay while making the interim order absolute and the same was also complied with by the petitioner, thus, the petitioner has paid Rs. 20,000/- altogether and prayed this Court set aside the impugned order by adjusting the same instead of Rs. 50,000/-.