JUDGMENT - J.P. DEVADHAR, J.:---In this petition, the petitioner is challenging the order of the Customs, Excise Gold (Control) Appellate Tribunal, West Zonal Bench (C.E.G.A.T.), Mumbai dated 11th March, 2002 in so far as it purports to confirm the penalty of Rs. 15,00,000/- levied upon the petitioner by the Commissioner of Customs, Mumbai under the order in original dated 11-9-1995.

2. The facts relevant for deciding the issues raised in the present petition are as follows:

3. Petitioner is a Proprietor of M/s. Mahavir Export Import Company and inter alia carries on business of buying and selling imported and indigenous goods on brokerage/commission/premium.

4. M/s. Choice Laboratories, a partnership firm had obtained two advance licences from the licensing authority which permitted them to import specified quantity of raw materials duty free with the corresponding export obligation. The said licences were with actual user conditions and could not be sold to third parties and the duty free goods imported under the said licences were required to be used in the manufacture of export items. Investigations carried out by the customs authorities revealed that M/s. Choice Laboratori

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