Natural justice and prima facie case justified unconditional stay, with pre-deposit dispensed in penalty dispute.

No notice of hearing having been received, the Tribunal recalled the earlier stay order and restored the matter for consideration. The stay petitions were then allowed unconditionally because the impugned order had gone beyond the show cause notice in imposing personal penalty on one appellant, and the record did not establish that the other appellants knew the goods were intended for illegal export or were party to the attempted exportation. On these facts, the Tribunal found a prima facie case in favour of the appellants and dispensed with pre-deposit of the penalty amount.

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Issues: Whether the miscellaneous application for recall of the earlier stay order was liable to be allowed, and whether unconditional stay against pre-deposit of the penalty amount was warranted.

Analysis: The application for recall was accepted on the ground that no notice of hearing had been received by the appellant, resulting in non-appearance before the Tribunal. On the stay petitions, it was found that no show cause notice had been issued to one appellant and the impugned order had travelled beyond the show cause notice in imposing personal penalty. As to the other appellant, the record did not show knowledge that the goods were intended for illegal export, and the materials did not establish that the appellants were party to the alleged attempted exportation. The Tribunal therefore accepted that a prima facie case existed in their favour.

Conclusion: The miscellaneous application was allowed, the earlier stay order was recalled, and the stay petitions were allowed unconditionally by dispensing with pre-deposit of the penalty amount.

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