1994 (7) TMI 164

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Shri K.N. Gupta, SDR, for the Respondents. [Order per : Jyoti Balasundaram, Member (J)]. -  The above application has been filed for stay of adjudication proceedings in case No. VIII (H) 10-5-1993 before the Collector of Customs, Jaipur in the following background : 2. On 4-3-1992, 3 persons viz. the appellant herein Kanhaiya Lal Purswani, Vijaya Kumar Purswani and Raju Pursw....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Collector and the above application has been filed for stay of these penalty proceedings. 3. Shri G.K. Rana, learned Advocate for the applicants submits that the impugned order of confiscation has been passed is an ex parte order. The applicants had prayed before the Collector on 5-1-1993 that the adjudication should be stayed as any reply on the merits of the matter would prejudice the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y proceedings are pending and not by way of separate writ petition. The applicants had applied once again for stay to the adjudicating authority on 31-1-1994. However, the Collector rejected the request for stay of adjudication of penalty proceedings by communication dated 7-2-1994. The learned Counsel submits that the adjudicating authority has already prejudged the issue, holding that the gold i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ther law for the time in force at a subsequent date and the Collector is well within his jurisdiction to adjudicate upon the penal liability of the applicants. No ground has been made out for stay of penalty proceedings and, therefore, the prayer merits rejection. 5. On considering the submissions of both sides, we are of the view that the applicants have not made out a case for stay of th....