Ram Kirana Stores vs Union of India (UOI)

Satish Chandra, J.—Sri G.M. Kamil, learned Counsel for the petitioner submits that on 20-l-1996, the custom officers have detained truck No. DIL-560. There was 143 bags weighing 900 Kgs. ginger in the truck. The said goods were brought from Nepal border by showing some papers. He further submits that truck was of Chinese origin and goods were likely to be taken to Delhi from Nepal. The documents were produced by the driver of the truck Sri Abdul Rafeeque were found forged by the Custom Department. So, the Custom officers have levied the penalty of rupees five lacs u/s 125 of the Customs Act which was upheld by the First Appellate Authority. However, the Tribunal vide its impugned order dated 10-8-1999 has reduced the penalty to rupees one lacs which is unwarranted. Finally, he made a request that penalty may kindly be cancelled.

On the other hand, Sri Sharad Kumar Srivastava, learned Counsel for the Union of India justified the impugned order.

I heard both the parties at length and gone through material available on record.

From the record, it is evident that the Chinese truck bearing no. of DIL-560 was detained by the Custom Department. The documents produced by the driver of the truck pertaining to the goods were forged. No other document was submitted to prove that goods were coming from Nepal and same were not of Chinese origin. No material was brought on record. When the documents seized from the driver of the truck found forged then I find no reason to interfere with the impugned order of the Tribunal which is hereby sustained along with the reasons mentioned therein. The petitioner has already got substantial relief from the Tribunal and there is no further scope to give any relief.

The writ petition is devoid of merits and the same is hereby dismissed.