2013 (9) TMI 828

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....etitioner, reads as follows: "I impose a penalty of Rs.20,00,000/- (Rupees twenty lakh only) on Shri Soumendu Saha, Asstt. Sales Manager of M/s. AFL Dachser Pvt. Ltd., and Rs.20,00,000/- (Rupees twenty lakh only) on M/s. AFL Dachser Pvt. Ltd. under Section 114(i) of the Customs act, 1962 for their omission and commission in the illegal attempt to export the red sanders wood, an item prohibited for export as per Foreign Trade Policy 2009-14 read with Section 113(d) of the Customs act, 1962." Aggrieved by the order, the writ petition was presented. The learned Trial Court dismissed the writ petition by the following order: "The Court: Heard the parties. This Writ Petition is directed inter alia against an order dated 6.11.2012 (Annex....

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....FL Dachser and Shri Soumendu did not name the person to whom they wanted to cross examine in connection with the BSNL certificate, hence they were asked to provide the name. M/s. AFL Dachser and Shri Soumendu did not respond to the letter dt.09-10-12, now it is more than 25 days, hence I have no option but to decide the case, as it is more than 1½ year old case, on the basis of the record available". Mr. Choudhury submitted that the prosecutor has relied upon the report allegedly submitted by the BSNL. The contents of the report are nothing more than an allegation and could not have been taken into account nor could be treated as evidence unless the contents of the report were proved in accordance with law. He submitted that the r....