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of <h1>Court condones delay, allows appeal, reduces penalty in forgery case, directs deposit within 4 weeks.</h1> <h3>Jaspal Singh Chaudhary Versus Commissioner Of Custom (I&G)</h3> Jaspal Singh Chaudhary Versus Commissioner Of Custom (I&G) - 2018 (362) E.L.T. 766 (Del.) Issues:1. Condonation of delay in re-filing the appeal.2. Exemption application.3. Justification of a higher penalty imposed on the appellant compared to other employees.Condonation of Delay:The delay of 67 days in re-filing the appeal was condoned by the High Court for reasons mentioned in the application. The application for condonation of delay was disposed of, allowing the appeal to proceed.Exemption Application:The exemption application was allowed subject to all just exceptions, enabling the appellant to move forward with the legal proceedings.Imposition of Higher Penalty:The main issue in this case was whether the imposition of a higher penalty on the appellant was justified compared to two other employees involved in the forgery. The Commissioner found that the appellant, along with other employees, was part of a conspiracy to forge WPC Import licenses. The Commissioner ordered confiscation of goods and imposed penalties on various parties, including the appellant. The appellant argued that the penalties were arbitrary and unreasonable, as the roles of the employees were not differentiated. The Revenue contended that the appellant was responsible for more forgeries compared to the other employees. The High Court found that the differentiation in penalties was not justified, as the appellant's role was not significantly different from the other employees. Therefore, the penalty imposed on the appellant was reduced from Rs. 20 lacs to Rs. 6 lacs under each relevant provision. The appeal partly succeeded on this ground, and the appellant was directed to deposit the reduced penalty amount within four weeks.This detailed analysis of the judgment covers the issues of condonation of delay, exemption application, and the justification of the penalty imposed on the appellant, providing a comprehensive overview of the legal proceedings and the High Court's decision.
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