- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CUSTOMS APPLICATION NO.11 OF 2002 AND CUSTOMS APPLICATION NO.12 OF 2002 ... Commissioner of Customs(Preventive) ...Applicant v/s. Shri Suresh Kumar Yadav & ors. ...Respondents ... Mr.R.V.Desai with Ms.S.V.Bharucha & Mr.A.C.Rao for the Applicant. Mr.A.H.Mehta for the Respondent No.1. Mr.Mahesh Londhe i/b Sanjay Udeshi & Co. for the Respondent No.3. ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 29TH SEPTEMBER, 2008 - 2 - P.C.: Heard. Admit on the following question of law- Whether in the facts and circumstances of the case the Tribunal was justified in setting aside the penalty imposed upon Shri Narain Singh and Shri N.C.Mangalani without considering the evidence adduced by the Adjudicating Authority? By consent of parties the Applications are heard finally. In these two cases, the grievance of the Commissioner is that the Tribunal has set aside the penalty without considering the evidence on record. In our opinion, the question raised herein above needs consideration. In this view of the matter, the applications are allowed. The Tribunal is directed to forward statement of the case raising the aforesaid question for the opinion of this court as expeditiously as possible. Both Applications are disposed of in the above terms with no order as to costs. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.) - 3 - - 4 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. WRIT PETITION NO.1549 OF 2001 ... Mr.Suresh Kumar Yadav ...Petitioner v/s. Union of India ...Respondent ... Mr.A.H.Mehta for the Petitioner. Mr.R.V.Desai with Ms.S.V.Bharucha & Mr.A.C.Rao for the Respondent. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 29TH SEPTEMBER, 2008 P.C.: By consent of parties Writ Petition is permitted to - 5 - be converted into a reference application. The Petitioner to take steps within two weeks from today to get the Writ Petition converted into Reference Application. Heard the learned Counsels for the parties. Admit on the following questions of law- "Whether in the facts and circumstances of the case and in law, the Tribunal was justified in keeping the penalty imposed on the Shri Suresh Kumar Yadav under section 112 of the Customs Act, 1962, only on the ground of statement of Co-Accused, who stated that he knew the telephone number of Shri Suresh Kumar Yadav, when even said Co.-accused Mr.Shankar Lalachand Dubani has not recognized identified or described Shri Suresh Kumar Yadav? Whether in the facts and circumstances of the case and in law, whether penalty can be imposed under section 112 of the Customs Act, 1962 on Shri Suresh Kumar Yadav, when there is no evidence on record to show that, Shri Suresh Kumar Yadav has violated the provisions of section 111 of the Customs Act, 1962? By consent of parties the application is allowed. The Tribunal is directed to forward the statement of case raising the aforesaid question for the opinion of this court as expeditiously as possible. Application disposed off with no order as to costs. (D.K.DESHMUKH,J.) - 6 - (J.P.DEVADHAR, J.)