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2009 (6) TMI 66 - HC - CustomsConfiscation – redemption fine and penalty – held that - A quasi judicial authority in exercising a power of discretion has to do it in an objective manner and cannot do so in a mechanical way - no peculiar facts were pleaded or materials placed to show that the redemption fine imposed at 10% and penalty at 5% is on a lower side - , the Tribunal has given its own reasons in the matter of fixing a rate at which the tine should be imposed. Therefore, it cannot be said that it is a perverse finding. What would have been the rate had the matter been dealt with by this Court sitting in the armchair of the Appellate Authority, however, cannot be substituted - . Any authority exercising the power is also bound by law of precedence and it is necessary to maintain consistency as otherwise it will be characterised as discriminatory – order of tribunal maintained.
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