Thu. Apr 22nd, 2021

Union Of India & Ors. vs P.K. Sharma on 28 June, 2017

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2. Brief facts leading to the filing of the present petition are that the
respondent while posted as Inspector at the Indira Gandhi
International Airport, Delhi gave a false examination report in respect
of Bill of Entry No. 724870 dated 21.12.1998 filed by M/s Intertrade
Incorporated, Noida declaring the imported goods to be ‘Plastic

W.P. (C) 6984/2009 Page 1 of 17
Buttons’ valued at Rs.56,531/- whereas on verification the packet was
found to be intact and in its original packing. Goods on examination
were found to be cellular phones along with batteries and chargers
valued at Rs.74,80,000/-. The respondent was asked to show why a
penalty under Section 17 of the Customs Act, 1962 should not be
imposed on him. Prior to this show cause notice he was put under
suspension vide order dated 15.01.1999. The show cause notice was
adjudicated upon by the Commissioner of Customs, New Delhi who
vide order dated 19/25.08.1999 imposed a penalty on the applicant but
the same was set aside by the Custom, Excise & Service Tax
Appellate Tribunal (in short ‘CESTAT’) vide order dated 12.07.2000.
The suspension order was revoked vide order dated 18.08.2000 and
the respondent re-joined his duties.

Source: Indian Kanoon

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