Pre-deposit waiver and stay of penalty recovery granted where export allegation relied on disputed website material and deleted Rule 31.

Waiver of pre-deposit of penalty was considered fit where export of medicines was alleged to have violated Rule 31 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, but the reliability of the website material relied on for the allegation was disputed and prior exports of similar medicines had not been objected to. The note also records that Rule 31 had been deleted from 13 January 2007. On that basis, recovery of the penalty was stayed pending disposal of the appeal.

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Issues: Whether the applicant was entitled to waiver of pre-deposit of the penalty and stay of its recovery.

Analysis: The goods were alleged to have been exported in violation of Rule 31 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 on the basis of website information said to show that the medicines were not importable in the USA. The order noted the challenge to the reliability of such material and the submission that prior exports of similar medicines had not been objected to. It was also noted that Rule 31 had been deleted with effect from 13-1-2007.

Conclusion: The case was found fit for waiver of pre-deposit of penalty, and recovery of the penalty was stayed till disposal of the appeal.

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