Bona fide import under licence shields goods from confiscation and redemption fine where court directions supported the import

Goods imported under an additional import licence were treated as not liable to confiscation or redemption fine where the importers acted bona fide on earlier court directions permitting import of items not specifically banned and on the shared understanding reflected in licensing and customs communications. The accepted bona fide conduct was the ative factor, and on that footing confiscation and redemption fine were found unjustified.

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Issues: Whether goods imported under an additional import licence, in the factual setting of the earlier court directions and administrative communications, were liable to confiscation and redemption fine when the importers acted bona fide.

Analysis: The importers had acted on the basis of the court's earlier directions permitting import of items not specifically banned and on the understanding shared by the licensing and customs authorities. The finding of bona fide conduct was accepted. In these circumstances, confiscation of the goods and levy of redemption fine were held to be unjustified.

Conclusion: The confiscation and redemption fine were set aside in favour of the appellants.

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