Apollo Cranes (P) Ltd. and Anr. vs UOI and Ors.
Provisional release of goods pending adjudication: Jurisdiction of adjudicating authority-Improper to restrict or curtail power of adjudicating authority to demand security or to impose conditions, Conditions for release substituted and modified-The petitioners had questioned the legality of orders passed by the CC(Import) granting provisional release of goods seized under s.110 of the Customs [LexDoc Id : 413728]
Bosch Ltd. vs Mysore Sales International Ltd.
Maintainability of writ petition: Disputed questions of facts and law involved-Respondent admittedly disputing contentions urged by appellant-The appellant had filed a writ petition claiming recovery of value of goods with interest and contending that its goods were auctioned by the responde [LexDoc Id : 428710]
Customs vs Dina Aruna Gupta
Non-testing of gold through furnace test: No evidence of goldsmith possessing proficiency in testing gold-Absence of data in testing certificate, Mere marking not taken as proof of gold for origin of gold as markings and labels, Statement of accused having no consequences-The normal test applied for testing gold was furnace test but the same was not applied or resorted to in the present case. There was no evidence on re [LexDoc Id : 414551]
Chinta Devi vs Rajesh Arora
Presumption of culpable mental state-Full exoneration of accused by Jt. Secretary, Exoneration order attaining finality, Pending proceedings quashed-The provisions of s.138-A of the Customs Act 1962 required a culpable mental state of the accused. The court would presume the existence of such menta [LexDoc Id : 413679]
Carmel Exports and Imports vs CC
Option to pay fine in lieu of confiscation-Goods not be such as falling under the category of prohibited goods for purpose of import-Even in a case where the goods were liable for confiscation, s.125 of the Customs Act 1962 provided for redemption of goods on payment of fine so long [LexDoc Id : 426941]
