M.C.Agarwal, J. - (1.) By this petition under Article 226 of the Constitution of India the petitioner challenges an order dated 16th June, 1995 passed by the Customs, Excise & Gold (Control) Appellate Tribunal, North Regional Bench, New Delhi in Appeal No. 665/95-NRB whereby it rejected the petitioner's application under the proviso to Section 35F of the Central Excises and Salt Act, 1944 praying that the condition of pre-deposit of the dues be paid in respect of the said appeal preferred by the petitioner.
(2.) I have heard Shri A.P. Mathur, Learned Counsel for the petitioner and Shri Shishir Kumar, learned Standing Counsel for Union of India.
(3.) By an order dated 20-2-1995, the Collector, Central Excise, Meerut has levied a sum of Rs. 23,34,240/- as excise duty and has also imposed penalty of Rs. 8,00,000/- on the petitioner. In addition the Collector has ordered the confiscation of land, building, plant, machinery etc. of the petitioner with option to the petitioner. to get the same released on payment of Rs. 15,00,000/-.;