First Appeallate Authority rejected the appeal on the ground that the person filled an appeal is not aggrieved person as per definition of Section 107.
S. 107, "Any person aggrieved by any decision or order passed ....may Appeal to such Appeallate Authority..."
A vehicle was intercepted at Alipurduar Zone, West Bengal and later Order was passed against Ashwani Sharma, who was the alleged driver/person-in-charge of the relevant vehicle
M/s Akash Trading Co., Who were the consignee of the goods, filed an appeal against the Order
First Appeallate Authority rejected the said appeal as it was of view that the said consignee has no right to file appeal as only Mr. Akash Sharma, against whom the order is passed, has right to file appeal
Aggrieved against the rejection Writ was filed before High Court
Court held that though the adjudication proceeding was initiated and passed against the driver/in-charge of the vehicle in question, the petitioner’s concern being the consignee of the goods, had a reason to be aggrieved by the said order of the adjudicating authority.
Title: Mehendi Hasan Rahemutulla Hariyani vs Deputy Commissioner of Revenue, Bureau of Investigation (North Bengal) Alipurduar Zone
#Court: Calcutta High Court
Citation: WPA 927/2022
Dated: 3-Nov-2022