J U D G M E N T

The petitioner challenges Ext.P5 penalty order inter alia contending that no notice was served on the petitioner and in the meantime steps had been taken by the respondent to invoke the bank guarantee given by the petitioner for release of the goods.

2. Though there was a direction to file counter affidavit in the matter, so far no counter has been filed. The learned Government Pleader submits that since the petitioner did not appear though an opportunity was given for producing books of accounts at the time of hearing, the penalty order had been passed.

3. A perusal of records would indicate that the Intelligence Officer had issued a letter dated 01.03.2016 calling upon the Bank to pay the amount covered by the bank guarantee. On account of the order of stay granted by this Court on 06.04.2016, the bank has not paid the amount to the Department.

4. Though it is contended by the learned counsel for the petitioner that Ext.P5 is passed without notice, perusal of Ext.P5 order would show that there is compliance of principles of natural justice. Then, the only question is whether Ext.P5 order had been served on the petitioner or not. In so far as Ext.P5 had been received,