RAJES KUMAR,J. - (1.) BY means of the present petition the petitioner is challenging the order dated 11.2.2008, passed by the Additional Director General of Foreign Trade, New Delhi, by which the appeal filed by the petitioner against the order dated 11.8.2006, passed by the Joint Director General of Foreign Trade, is rejected.
(2.) THE brief facts giving rise to the present writ petition are that the petitioner is a Partner of M/s. D.B. Exports, Moradabad. M/s. D.B. Exports was involved in the manufacturing of Brass Handicraft/Artware. On the application dated 3.9.2002, M/s. D.B. Exports, Moradabad, obtained an import licence, bearing No. 2910003595 dated 27.9.2002, for the import of 200 mt. ton of Brass Scrap for C.I.F. Value of Rs. 1,00,00,000/-with an obligation to export 186.047 mt. ton of Brass Art ware having a F.O.B. Value of Rs. 1,25,00,040/- within a period of 18 months commencing from the date of issue of licence subject to the various terms and conditions. The export obligation period expired on 26.3.2004. On being asked, after the expiry of the export obligation period, the licence holder informed to have imported 195.501 mt. ton Brass Scrap for Rs. 1,01,99,212/- free of customs duty. In the absence of any information about the export of Brass Artware, a notice dated 27.3.2006 was issued to M/s. D.B. Exports, Moradabad, and to its Partners, viz. Brahma Prakash Upadhyay and Shahid Khan, asking them to show-cause why action should not be taken against them for imposition of penalty under Section 11 (2) of the Foreign Trade (Development and Regulation) Act 1992 (called the 'Act' for short) for their having failed to comply with the conditions regulating the imports made by them under licence No. 2910003595 dated 27.9.2002. The notice claimed to have made 10 export shipments totalling 82.160 mt. ton Brass Artware for F.O.B. Value of Rs. 80,64,881/-. It appears that the petitioner has not filed any reply to the notice. The adjudicating authority further issued notice to represent their case personally but neither any reply was filed nor appearance was made and, therefore, the adjudicating authority proceeded to pass the ex parte order. He passed the order on 11.8.2006. The adjudicating authority in exercise of power under Section 13 of the Act imposed penalty of Rs. 3 crores on M/s. D.B. Exports, Moradabad, as well as on its partners, viz. Brahma Prakash Upadhyay and Shahid Khan. The said penalty was held payable in addition to the customs duty and interest etc. as payable on the material so imported by the petitioner against the said advance licence. Being aggrieved by the order of the Joint Director General of Foreign Trade, the petitioner filed appeal before the Director General of Foreign Trade, New Delhi, which has been dismissed by the impugned order. A perusal of the order reveals that the date of hearing was fixed on 8 days but the petitioner did not appear and, therefore, the ex parte order was passed.
(3.) HEARD Sri Govind Krishna, learned counsel for the petitioner and Sri Deepak Verma appearing on behalf of the respondents.;