ASHIS KUMAR BOSE Vs. COMMISSIONER OF CUS. (PREVENTIVE)

JUDGEMENT

(1.) The subject matter of challenge in this appeal is a judgment and order dated 1st April, 2010 [2015 (321) E.L.T. 670 (Tri. - Kol.)]. The appeal was dismissed summarily for the following reasons:

(2.) Therefore, the dismissal of the appeal was product of non-application of mind. By non-application of mind on the part of the learned Tribunal, the appellant who has been denuded of his livelihood continued to suffer for more than 5 years and we have now to remand the matter which is also the course suggested by Mr. Saraf. But that would not be doing complete justice to the appellant. We are of the opinion that the Customs authority being the respondent should pay compensation assessed at the rate of Rs. 1 lakh each year. The impugned judgment and order was rendered on 1st April, 2010 and since five years have expired, the compensation is fixed at Rs. 5 lakhs to be paid within two weeks from the date of service of a copy of this order.

(3.) Mr. Saraf prayed for stay of operation of the order, which is considered and rejected. The matter is remanded to the learned Tribunal who shall consider the appeal on merit within three months from the date of communication of this order.