2008 (9) TMI 766

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....ating Commissioner has imposed a penalty of Rs. 5.00 Lakhs on the appellants CHA and has also imposed penalty of Rs. 5.00 Lakhs on Shri Rajiv Porecha apart from absolutely confiscating Red Sanders Wood. 3. We find that Shri Rajiv Porecha's stay petition has been separately heard by the Single Member Bench and Rs. 20,000/- directed to be pre-deposited by him, has since been pre-deposited. The present stay petition has been filed by the appellant CHA seeking waiver of the pre deposit of the penalty of Rs. 5.00 Lakhs. 4. Shri R.K. Chaudhary, ld. Advocate appearing for the appellants mainly argues that for illegal export, the CHA cannot be penalized as held by the Tribunal in the case of V. Esakia Pillai v. Commr. of Customs, Ch....

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..... There is a clear case of attempted illegal export of huge quantity of prohibited Red Sanders Wood weighing about 55 MT and valued at over Rs. 2.19 crores. The contraband goods were obtained in five containers and entered for export in to the Customs area. Prima facie, it may be a valid plea of innocence of CHA if he has entered the goods for export on behalf of a genuine exporter who had given an authorization to the CHA. Entering contraband goods of such huge quantity for export without an authorization from anyone is not a mere question of negligence under the CHA Regulations but prima facie, a serious offence under the Customs Act since the documents for such contraband export has been filed by the CHA on their own and not as an author....