1998 (12) TMI 273

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....JDR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - Applications are for waiver of deposit of penalty imposed under Section 114 of the Customs Act, 1962 of Rs. 75,00,000/- on Sakir Ali Shaukat Ali (S.A. No. 1716/98); of Rs. 50,00,000/- on Anilkumar Hariprasad Patel (S.A. No. 1915/98); of Rs. 17,00,000/- on Raju Shankarbhai More (S.A. No. 1916/98) and of Rs. 10,00,000/- on Upe....

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....i does not say anything on merits but is limited to financial hardship. The application handed over by Shri J.C. Shah also reiterates this. Hence, we do not find a prima facie case on merits. Financial hardship was pleaded on the giround that his factory where he was manufacturing process foods was closed down because of recession and other factors; his detention under COFEPOSA which resulted in f....

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.... of the cars. The evidence against him consists of statement of Sakir Ali who arranged meeting between Dirk Burger and Anilkumar Patel. Anilkumar Patel says in his statement that he identified Manubhai Sankalchand Kansara, Sakir Ali's driver to sign the affidavit before the Executive Magistrate who notorised the affidavit. Rajubhai S. More is supposed to have prepared the affidavit. There is no fi....