ASHOK MANIBHAI PATEL Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) Heard Mr. Balsara for the applicant and Mr.Patwardhan for the Respondent No.1.

(2.) This Application is filed by the applicant-accused for quashing the conditions imposed upon the applicant-accused by the Chief Metropolitan Magistrate, Esplanade, Mumbai, while releasing the accused on bail, in his order dated 11.3.1997. As per those conditions the accused was to furnish PR bond of Rs.25,000/- with one solvent surety in the like amount or cash deposit of Rs.25,000/- and amongst other conditions, he was directed to pay 25% of the evaded duty within a week's time from the order. Thereafter, remaining 25% shall be deposited by him within 2 weeks from the date of payment of the first instalment and remaining 50% of duty within four weeks from the payment of second instalment of the duty. It is this part of the conditions which have been challenged by the applicant in this petition.

(3.) It was contended by Mr. Balsara that firstly the C.M.M. had no jurisdiction to impose any such conditions, secondly CEGAT, which is the appellate authority has stayed the recovery of this amount as per order passed on 21.5.1998. He also relied upon the following three judgments: