Shri. Vipul Mehta v. Union Of India Through The Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8852 OF 2018 Vipul Mehta .. Petitioner

Versus

Union of India through the Secretary and others .. Respondents ...

Dr.Sujay Kantawala with Mr.Brijesh Pathak and Kartik Vig for the petitioner.

Mr. Vijay Kantharia with Ram Ochani for the respondent. CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H.DANGRE, JJ.

DATED : 13th AUGUST 2018 P.C:- The petition is directed against the adjudication order.

Admittedly, there are multiple appeals under the scheme of the Customs Act 1962. Each of the remedy is therefore, equally efficacious. The petitioner can agitate that the demand is not in accordance with law and in any event, the Tilak

2/2 (20)WP-8852-18.doc doctrine of proportionality envisaged by Article 14 of the Constitution of India is totally flouted in imposing a penalty to disproportionate to the involvement or complicity in the crime, if any. All these contentions are mixed and can be raised in such appeals. In the teeth of the said remedies, the writ petition is entirely misconceived and is dismissed. No costs.

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.) by Manali Prasanna Tilak Date:

2018.08.20 11:28:24 +0530 Manali Prasanna Tilak Tilak