Stay of appellate order refused where challenge was only to evidence appreciation and import policy interpretation

Stay of an appellate order is not justified merely because the Department disputes the Commissioner (Appeals)' appreciation of evidence or interpretation of the import policy. Where the challenged order rests on evidence evaluation and policy construction, a stay will not be granted unless there is material showing arbitrariness, perversity, or breach of natural justice. On that basis, the applications for stay were dismissed.

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Issues: Whether the Department's applications for stay of the Commissioner (Appeals)' order allowing the importer's appeal and setting aside confiscation should be granted.

Analysis: Stay of an appellate order is not warranted merely because the Department disputes the appreciation of evidence or the interpretation placed on the policy by the Commissioner (Appeals). The order under challenge was based on assessment of the evidence and interpretation of the relevant policy, and there was no material showing that it was arbitrary, perverse, or vitiated by breach of natural justice.

Conclusion: The applications for stay were dismissed.

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