Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
The High Court examined the validity of an order issued u/s 17 of FEMA, where petitioners claimed lack of hearing opportunity. The court ruled that availability of statutory appeal doesn't bar writ petition u/s Article 226 if fundamental rights or natural justice principles are violated. Lack of opportunity to challenge information gathered unfairly breached natural justice. Delayed penalty imposition for non-realization of export proceeds was unfair, as petitioners were not given a chance to defend against alleged contraventions. The first petitioner, no longer operational, faced unjustified delay in notice issuance after over a decade, leading to quashing of the order and demand notice in favor of the petitioners.
The High Court examined the validity of an order issued u/s 17 of FEMA, where petitioners claimed lack of hearing opportunity. The court ruled that availability of statutory appeal doesn't bar writ petition u/s Article 226 if fundamental rights or natural justice principles are violated. Lack of opportunity to challenge information gathered unfairly breached natural justice. Delayed penalty imposition for non-realization of export proceeds was unfair, as petitioners were not given a chance to defend against alleged contraventions. The first petitioner, no longer operational, faced unjustified delay in notice issuance after over a decade, leading to quashing of the order and demand notice in favor of the petitioners.
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