Prima facie case justified waiver of penalty deposit and interim protection against sale of the imported car.

Prima facie case for waiver of pre-deposit was examined in relation to a penalty for alleged breach of the import public notice governing a car. The applicant relied on a later change in visa status, marriage to an Indian citizen, and family settlement in India to support the contention that the import was aligned with an intention to settle permanently. On those facts, the Tribunal treated the case as sufficiently strong to justify interim relief. The penalty deposit was waived, the appeal was listed for hearing, and the department was restrained from selling the car pending disposal.

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Issues: Whether the applicant made out a prima facie case for waiver of deposit of the penalty imposed for alleged violation of the public notice governing import of the car, and whether interim protection against sale of the car was warranted.

Analysis: The applicant relied on subsequent change of visa status, marriage to an Indian citizen, and the fact of family settlement in India to contend that the import was consistent with an intention to settle permanently. On the available facts, the Tribunal found that these circumstances disclosed a strong prima facie case. The Tribunal therefore considered it appropriate to grant interim relief pending hearing of the appeal.

Outcome: Deposit of the penalty was waived, the appeal was posted for hearing, and the department was directed not to sell the car in the meantime.

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