TMI Blog2009 (2) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... inding that they were involved in the diversion of the imported goods – held that – in the totality of facts and circumstances, the penalty on Mr. Laxmikant Todi is reduced to Rs. 2,50,000/- - in the totality of facts and circumstances of the case, we reduce the penalty imposed upon P.M. Rajen to Rs. 2,50,000/- - C/342-343 at 345-348/2002 - 203-208/2009 - Dated:- 12-2-2009 - Ms. Jyoti Balasund ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... option to redeem the same on payment of fine of Rs. 3 lakhs on M/s. Kandan Fashions and Rs. 5 lakhs on Dhandapani Textiles, and imposed penalties of Rs. 5 lakhs each, inter alia, upon Smt. G. Devi and A. Balu the proprietors of the two concerns respectively and imposed penalty of Rs. 5 lakhs each on S/Sh. Sanjay Nopany and Lakshmikant Todi both have been held to be brokers involved in the diversi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of goods imported by M/s. Dhandapani Textiles, we see no ground for reduction having regard to the fact that the value of goods imported by them is Rs. 70 lakhs approx. and the fine and penalty amounts are commensurate with the value of the goods. We, therefore, uphold the same. 5. The freezing of bank balance of Rs. 2,02,500/- of M/s. Kandan Fashions and Rs. 10,50,100/- of M/s. Dhandapan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the medical certificate and detailed affidavit of Sanjay Nopany was produced before the Commissioner. Further, he has been implicated by P.M. Rajen who has admitted to have sought the co-operation of Sanjay Nopany to finance import and to clear goods into local market. Therefore, penal action taken against him is justified. However, in the totality of facts and circumstances of the case, we redu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above terms. 8. In the result, appeal Nos. C/342/02, C/346/02 and C/348/02 are dismissed; Appeal No. C/343/02 is partly allowed by reducing the penalty on its proprietrix as above. Appeal No. C/345/02 C/347/02 are partly allowed by reducing the penalty imposed on Sanjay Nopany and Laxmikant Todi as above. (Operative part of the order was pronounced in open court on 12-2-2009) - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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