2016 (2) TMI 312

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....er Sections 132, 135 and 135A of the Customs Act, 1962. [2] Heard Mr.N.D.Nanavati, learned Senior Counsel assisted by Mr.Rajesh Kanani, learned advocate for the applicant, Mr. Hriday Buch, learned Standing Counsel for Government of India - respondent No. 1 and Ms. M. D. Mehta, learned APP for the State of Gujarat respondent No. 2. An affidavit-in-reply filed on behalf of respondent No.1 is taken on record. [3] Mr.N.D.Nanavati, learned Senior Counsel assisted by Mr.Rajesh Kanani, learned advocate for the applicant would submit that an undertaking has already been given by the applicant that he shall not claim any duty drawback with regard to the consignment in question and the goods have already been exported after getting appropriate ....

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....ent consignment is concerned. As far as the allegations made with regard to the past for which similar allegations have been made i.e. with regard to getting facility of drawback with regard to certain exporters shall be directed to pay reasonable amount. Considering the amount which alleged to have been encashed in past is to the tune of Rs. 2.96 Crores and, therefore, I am of the opinion that the applicant is directed to pay Rs. 60 Lakh in the present case. I have also considered the fact that the applicant is behind the bar since 05.10.2015 and the investigation is almost over qua the present applicants. I have also considered the decision of the Hon'ble Apex Court in the case of Sanjay Chandra V. Central Bureau Investigation repor....