Narender Yadav v. Joint Commissioner Of Customs (Exports)

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 195/2019, C.M.APPL.947-948/2019 NARENDER YADAV ..... Petitioner Through : Ms. Shikha Sapra, Sh. Piyush Kumar and Ms. Ria Chanda, Advocates.

versus JOINT COMMISSIONER OF CUSTOMS (EXPORTS) ..... Respondent Through : Sh. Harpreet Singh, Sr. Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 11.01.2019 Issue notice. Sh. Harpreet Singh, Sr. Standing Counsel accepts notice.

The petitioner's grievance is that as H-Card holder, imposition of over `3.8 crores penalty in the overall circumstances of the case, given that the Order-in-Original did not record any specific adverse finding against him, is unwarranted. The petitioner, therefore, seeks a direction that the requirement of pre-deposit as a condition for the hearing and disposal of the appeal - before the Commissioner (Appeals), should be dispensed with.

The Court has considered the submissions, and the fact that the Order-in-Original discloses no reason why penalty was imposed upon the petitioner - a salaried employee drawing `14,500/- per month. In the circumstances, the petitioner's appeal to the Commissioner (Appeals) shall be heard on its merits without insisting upon the requirement of pre-deposit; it is accordingly directed to be waived. In case the petitioner files his appeal within four weeks, the same shall be considered on its merits without pre-deposit and shall not be dismissed on the ground of limitation.

The petition is disposed of in the above terms along with the pending applications.

Order dasti.

S. RAVINDRA BHAT, J PRATEEK JALAN, J JANUARY 11, 2019/ajk