1 Wp617-11 dmt IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 617 OF 2011 M/s. Ace Shipping & Offshore Co. Pvt. Ltd., .. Petitioner. Vs. Union of India & Ors. .. Respondents. Mr. R.V. Desai, Sr. Adv., i/by KRP Legal for the Petitioner. Mr. Pradeep S. Jetly for Respondents. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 28TH APRIL, 2011. P.C. 1. Rule. Rule made returnable forthwith. By consent 2 Wp617-11 taken up for final hearing. 2. This petition is filed to challenge the order in original dated 29.1.2009 whereby penalty of Rs. 47,19,000/- has been levied under Section 116 of the Customs Act, 1962. The petitioner has also challenged the order passed by the Commissioner of Customs (Appeals) dated 17.08.2009 whereby the appeal filed against the order in original dated 29.1.2009 has been dismissed on the ground that the same was filed beyond time. 3. Perusal of the order in original shows that the penalty has been levied as the port trust had reported short landing of 520 packages of CDMA 2000 Cellular Phone. 4. From the order dated 14.11.2005 (page 21 of the petition) it appears that there were no short landing of goods, but in fact the said goods were discharged at Mumbai. This fact was not brought to the notice of the adjudicating authority which passed the order in original dated 29.01.2009. 3 Wp617-11 5. In this view of the matter, the order in original dated 29.01.2009 as also the order passed by the Appellate Authority on 17.08.2009 are quashed and set aside and the Adjudicating Authority is directed to pass fresh order in accordance with law. 6. Rule is made absolute in above terms. No order as to costs. ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.)