GOKAK PATEL VOLKART LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE question which falls for determination lies in a very narrow compass. Only few facts are required to be stated to appreciate the grievance of the petitioners.

(2.) THE petitioners were agents of a foreign flag vessel which had called in Bombay in or about middle of July 1984. The petitioners had filed Import General Manifest dated July 16, 1984. The vessel inter alia brought three full container load containers under three bills of lading. As declared by the shippers, the containers had 12 pallets stuffed in two containers, while 11 pallets in the third container. The vessel discharged the manifested quantity, including the three containers with their seals intact in the Bombay Port Trust Docks and thereafter the vessels sailed from Bombay.

(3.) THE petitioners received show cause notice dated August 29, 1988 from respondent No. 1 alleging that under Item Nos. 75, 76 and 77 of the Import General Manifest three pallets were short-landed as indicated in the out-turn report of Bombay Port Trust. The petitioners replied to the show cause notice pointing out that the three containers were discharged with their seals intact and therefore the penalty cannot be imposed on the petitioners. Respondent No. 1 by his order dated September 6, 1988 imposed penalty of Rs. 93,828/- after recording a finding that the containers landed with seals intact as per the tally sheets produced by the petitioners. The appeal preferred by the petitioners before respondent No. 2 ended in dismissal and so also the revision application preferred before respondent No. 3. These orders imposing penalty are under challenge in this petition under Article 226 of the constitution of india.