9911796707
TMI Blog1993 (9) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Respondent was not `Bevel Gear Generator' but `Bevel Gear Planer'. According to them, import of a different machinery than stated was violative of law. Adjudication proceedings were taken on the ground of misdeclaration and the machinery confiscated. The Respondent was given an option to pay a redemption fine of Rs. 70,000/- and penalty of Rs. 10,000/- and clear the goods. Respondent filed an Appeal before the Tribunal. The Appeal was allowed on March 2, 1985. The Tribunal was of the opinion that what was imported was Bevel Gear Generator only, as contended by the Respondent. The Tribunal inter alia relied upon the opinion of one Sri M.K. Ghosh, dt. November 22, 1983 - to whom the matter was referred by the Customs Authorities thems ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs, Bombay and M/s. Krishna Sales (P) Ltd., we direct that the application made by the latter for a detention certificate should not be rejected on the ground that the Appeal is pending in this Court against the Order of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi." 5. The Respondent says that when he applied for issuance of a detention certificate, no such certificate was issued. He says that the action of the authorities is relatable to and influenced by the public notice issued by the Collector of Customs, Bombay on July 25, 1985. The public notice says that the detention certificate for a period up to three months will be issued with the approval of and under the signature of the concerned Asstt. Collector ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as arbitrary and contrary to law. We see the force in his submission. If the authorities are of the opinion that the goods ought not to be released pending the Appeal, the straight-forward course for them is to obtain an Order of Stay or other appropriate direction from the Tribunal or the Supreme Court, as the case may be. Without obtaining such an Order they cannot refuse to implement the Order under Appeal. As is well-known, mere filing of an Appeal does not operate as a Stay or suspension of the Order appealed against. Moreover, such detention is likely to create several complications relating to the demurrage charges besides the possible deterioration of the machinery and goods. We hope and trust that the Collector of Custom Bombay sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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