ORDER
JH Joglekar, Member (T)
1. One Ebrahim Ismail Bhamjee was apprehended while attempting to smuggle gold totally valued at Rs.12,67,586/-. He deposed that he was to hand over the gold to Mohammed Rahim Haju, father of Jamalludin who had asked Ebriahim Ismail Bhamjee to smuggle the gold.Mohammed R.Hju in his statement accepted that he was aware of the fact of smuggling of the gold and admitted to the part to be played by himself and his sone Namalludin.Before the Commissioner grievance was made that documents relied upon were not supplied.The Commissioner directed supply of document to be made.The present appellant Mohd.Rahim Haju did not take advantage of this direction nor did he appear for hearing when later fixed. The Commissioner, therefore, passed ex-parte orders confiscating the gold and imposing penalties on the carrier and the associates. Penalty of Rs. One lakh was imposed on the present applicant. This application is filed by the present applicant for waiver of pre-deposit of the penalty and stay of recovery thereof.
2. In spite of notice, the appellant was not present nor was he represented.
3. In the stay application, financial hardship has been pleaded.but no material has been placed to substantiate this claim. Considering the gravity of the offence and also his submission, we direct the applicant Mohd.Rahim haju to deposit a sum of Rs. 20,000/-(Rupees twenty thousand only) within two months from today.On this deposit being made, the condition of pre-deposit of the reminder penalty shall stand waived and its recovery stayed.
4. Compliance to be reported on 2.7.01. The order should be despatched forthwith.
(Dictated in Court)