Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO.57 OF 2009 M/s.CSAV Group Agencies (India) Pvt. Ltd. ..Appellant Vs. Union of India & Ors. ..Respondents Mr. Sujay Katawala with Mrs. Aarti Bhide, for the Appellant. Mr. R.V. Desai, Senior Counsel with Mr. Rohit Pardeshi, for the Respondents. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 15th JULY, 2009 P.C. Respondents waive service. Heard forthwith. 2. The question for consideration is whether on facts and circumstances the A.O. was right in imposing penalty of Rs.5.00 lakhs. 3. In the instant case we find that the container was loaded without necessary documents which was produced on the next day. There is, therefore, clearly a breach. The container thereafter was brought back also. Under these circumstances the question is whether the penalty imposed of Rs.5.00 lakhs can be sustained. 4. In our opinion, considering the facts and circumstance and as there was a technical breach we reduce the penalty of Rs.5.00 lakhs to Rs.2.00 lakhs. The impugned orders of the A.O. and the Appellate Authority accordingly modified. Appeal disposed of accordingly. (J.H. BHATIA,J.) (F.I. REBELLO,J.)