Accepted explanation for transport permit delay can justify reduction of penalty to a token amount in justice.

Where the explanation for delay in obtaining and producing the transport permit is accepted, the quantum of penalty for alleged irregular transportation of notified goods may be interfered with and reduced to a token amount if that is sufficient to meet the ends of justice. The Tribunal accepted the explanation offered, found that the circumstances justified reduction of the confirmed penalty, and treated a nominal penalty as adequate. It therefore reduced the penalty and directed refund of any excess amount already paid, with liberty to recover only the reduced sum in accordance with law.

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Issues: Whether the penalty imposed for alleged irregular transportation of notified goods was liable to be reduced to a token amount.

Analysis: The application challenged the penalty confirmed by the authorities below. The explanation for the delay in obtaining and producing the transport permit was accepted, and the Tribunal found that the circumstances justified interference with the quantum of penalty. In view of the explanation offered, a nominal penalty was considered sufficient to meet the ends of justice.

Conclusion: The penalty was reduced to Rs. 5,000, with refund of any excess amount already paid and liberty to recover only the reduced amount according to law.

Final Conclusion: The applicant obtained substantial relief by way of reduction of the penalty to a token amount.

Ratio Decidendi: Where the explanation for the breach is accepted, the quantum of penalty may be reduced to a token amount if that is sufficient to meet the ends of justice.

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