Supreme Court · 1960 INSC 169 · Decided 3 October 1960
Gangaharrao Narayanrao Majumdar v. The State of Bombay and Another (With Connected Appeals)
- Court
- Supreme Court of India
- Citation
- 1960 INSC 169 · [1961] 1 S.C.R. 943
- Case number
- CIVIL APPEAL No. 155/1956
- Decided
- 3 October 1960
- Bench
- BHUVNESHWAR PRASAD SINHA, J.L. KAPUR, P.B. GAJENDRAGADKAR, K. SUBBA RAO, K.N. WANCHOO (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 31, 3I; Customs Act; Land Revenue Code
Headnote
SUPREME COURT REPORTS 943 to 5, the amount of the penalty of Rs. 25,000 should proportionately be reduced. There is justification for this contention. But we cannot reduce the amount, as under s. 183 of the Sea. Customs Act ,the amount has to be fixed by the concerned officer as he thinks of a. lesser amount, having regard to the changed circumstances. In the result, the appeal is allowed in part and the order of the Collector of Central Excise is accordingly modified in terms of·the finding given by us. As the parties succeeded and failed in part, they are directed to
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