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Issues: (i) Whether the writ petition should be entertained despite the availability of an alternative statutory remedy in the absence of jurisdictional error, violation of natural justice, or breach of statutory provisions; (ii) Whether the impugned order imposing penalty for facilitating the export of misdeclared diamonds suffered from any illegality or warranting interference on the ground of disproportionality.
Issue (i): Whether the writ petition should be entertained despite the availability of an alternative statutory remedy in the absence of jurisdictional error, violation of natural justice, or breach of statutory provisions.
Analysis: The impugned order was challenged in writ jurisdiction notwithstanding the statutory appeal remedy. The record showed that the petitioner was heard, the investigation materials were considered, and the Court found no jurisdictional infirmity, no breach of principles of natural justice, and no statutory violation warranting bypass of the appellate remedy. The petitioner's asserted inability to deposit the amount for appeal was held not to displace the availability of the statutory remedy.
Conclusion: The writ petition was not entertainable on this ground, and the objection based on alternate remedy did not assist the petitioner.
Issue (ii): Whether the impugned order imposing penalty for facilitating the export of misdeclared diamonds suffered from any illegality or warranting interference on the ground of disproportionality.
Analysis: The materials referred to in the order, including the seized register, statements recorded during investigation, and lab-testing results, were relied upon to find that the petitioner knowingly facilitated the export of natural diamonds in the guise of lab grown diamonds. The Court accepted that the exports were attempted in violation of the applicable customs and SEZ procedure, and that the penalty was founded on abetment of improper export under the customs law. In that factual setting, the Court found no legal infirmity or basis to interfere on proportionality grounds.
Conclusion: The penalty order was upheld and no interference was called for.
Final Conclusion: The challenge to the customs penalty failed in writ jurisdiction, as the Court found no jurisdictional error, no procedural illegality, and no ground to disturb the penalty imposed for abetting the improper export.
Ratio Decidendi: Writ interference is unwarranted where the petitioner has an adequate statutory appeal remedy and the impugned customs penalty is supported by material showing knowing facilitation of an improperly declared export in breach of the governing customs and SEZ procedure.
Alternative statutory remedy limits writ challenges to customs penalties for knowingly facilitating improperly declared diamond exports.
Writ jurisdiction ordinarily should not be invoked against a customs penalty where an adequate statutory appeal is available and there is no jurisdictional error, breach of natural justice, or statutory violation. Financial inability to make an appeal-related deposit does not by itself displace that remedy. Penalty for abetting improper export may rest on investigation material such as seized records, witness statements, and laboratory results demonstrating knowing facilitation of natural diamonds being exported as lab-grown diamonds. Where the penalty is supported by such material and the applicable customs and SEZ procedures were breached, proportionality alone provides no basis for interference.
Proportionality of punishment - penalty u/s 114 - confiscation u/s 113 - entry for exportation and mis-declaration u/s 50 - violation of principles of natural justice - Special Economic Zone Act, 2005 - alternative remedy under the Customs Appeal Rules, 1962 - HELD THAT:- M/s. Universal Gems violated the provisions of Section 50 of the Customs Act, 1962 read with Rule 46 of the Special Economic Zone Rules, 2006 which prescribes procedure for exports, by mis-declaring the make of the diamonds, and the petitioner facilitated the same. We do not find any infirmity or illegality in the impugned order which has been passed. The judgments, on which reliance is placed, will not come to the rescue of the petitioner as it is found that in the case of H.B. Cargo Services [2011 (3) TMI 816 - ANDHRA PRADESH HIGH COURT], the High Court had examined the issue after the order was passed by the Appellate Authority in the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Bangalore, with regard to the revocation of suspension of the export license on the ground of illicit export. Whereas, in the case of Shangrila Latex [2016 (10) TMI 817 - GUJARAT HIGH COURT] the Court had examined the issue relating to the Foreign Trade (Development & Regulation) Act, 1992, and in light of the fact that there was no mens rea and the huge penalty of Rs.2.27 crores was not justified. The judgement in the case of Mukul Kumar Choudhuri [2009 (8) TMI 1130 - SUPREME COURT] deals with service jurisprudence and the penalty imposed in disciplinary proceedings. On an overall analysis of the facts and the impugned order, we neither find any jurisdictional error nor any violation of principles of natural justice or violation of statutory provisions, hence we are not inclined to entertain the writ petition. The petitioner, though has an alternative remedy of filing the appeal, however chose to contest the writ petition on merits despite our suggestion, and since we were called upon to address on merits, we have passed the present order. At this stage, petitioner has submitted that since the petitioner has no money, he is not in a position to file the appeal. It is trite that the monetary incapacity of litigant cannot dilute the statutory provision of appeal. Hence, in wake of the facts, the present writ petition is hereby rejected.