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2015 (11) TMI 942 - CESTAT CHENNAIImposition of penalty on bank branch manager - Issue of bank guarantee without following proper procedure of law - violation under banking regulations - import of "Mulberry Raw Silk" in the guise of "Duppion Silk" and also misuse of DEEC scheme by the importers. - Held that:- Departmetn have enforced the bank guarantee and the bank has issued two Demand Drafts - The same was deposited in the Customs with challans. Therefore, it is not the case of forgery of bank guarantee or any fraudulent issue of Bank Guarantee - there is no evidence brought out by the department for abetment or collusion or commission or omission in relation to import of goods to establish contravention of provisions of Customs Act. Section 112(b) relates to dealing of contraband goods and the appellant is only a branch manager issued bank guarantee. If at all any violation under banking regulations it is for the bank to initiation action and the Bank suspended him and subsequently removed from service in the year 1997. - Decided in favour of Appellant.
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