VidhiSangh

Supreme Court of India · 28/02/2022

CHANDRA SEKHAR JHA versus UNION OF INDIA & ANR.

[2022] 1 S.C.R. 743 · 2022 INSC 246

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Summary

An appellant facing a customs penalty sought waiver of the statutory appeal deposit by relying on the hardship discretion available before the 2014 amendment, although the penalty order and appeal came after that amendment. The Court held that the substituted Section 129E governed the appeal. The earlier date of the alleged smuggling did not permit combining the new reduced deposit with the old waiver power. The appeal was dismissed, with two further months to comply with the deposit requirement.

Issues

  1. Whether the pre-amendment hardship waiver remained available for an appeal filed after substitution of Section 129E.
  2. Whether the date of the alleged offence entitled the appellant to the earlier deposit regime.

Provisions considered

Held

Result

Appeal dismissed, subject to two additional months to comply with Section 129E; no order as to costs. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 743.