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Judgment
S.C. Pratap, J.—Rule, returnable forthwith. Mr. Sethna appears for the respondents and waives service.
The article in question was first listed as an OGL item. By public notice dated 26th September, 1986 it was removed from OGL list and transferred to Canalised List. On 27th September, 1986 the petitioner opened the letter of credit. This was thus on the very next day of the public notice. The public notice actually came to the knowledge of the petitioners including the trade some time in the first week of October, 1986. It was not the contention of the respondents that there has been on the part of the petitioners any deliberate opening of the letter of credit on 27th September, 1986. Reasonable inference is that the petitioners opened the same without knowledge of the public notice issued the previous day and knowledge whereof in turn was received by the petitioners and the trade some time in the first week of October, 1986. In all the circumstances fine of Rs. 20,000/-imposed by the concerned officer viz. Deputy Collector of Customs and confirmed by the appellate authority appears to be rather on the high side. In the circumstances, I am inclined to reduce the same to Rs. 5000/-. The petitioners, who have already paid the fine of Rs. 20,000/- and cleared the goods, will consequently be entitled to refund therefrom of Rs. 15,000/-.
ORDER
This petition is partly allowed. The fine of Rs. 20,000/- imposed by the Deputy Collector of Customs vide his order at Exhibit ''G'' and confirmed by the appellate authority vide its order at Exhibit ''H'' is reduced to Rs. 5000/-. The petitioners will consequently be entitled to refund of Rs. 15,000/-. This refund the respondents should effect by 1st February 1988
Rule made partly absolute in terms aforesaid .In the circumstances of the case there will be no order as to costs.