Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Detention of a passenger's wristwatch by Customs was challenged on the ground that it constituted "personal effects" under the Baggage Rules, 2016 and was therefore not liable to detention. Relying on binding precedent holding that valuables such as jewellery cannot be wholly excluded from "personal effects," the court held that a watch worn by the passenger falls within the ambit of exempt personal effects. Consequently, the continued detention was held untenable and was set aside; Customs was directed to release the watch and warehousing charges were waived. - HC
Detention of a passenger's wristwatch by Customs was challenged on the ground that it constituted "personal effects" under the Baggage Rules, 2016 and was therefore not liable to detention. Relying on binding precedent holding that valuables such as jewellery cannot be wholly excluded from "personal effects," the court held that a watch worn by the passenger falls within the ambit of exempt personal effects. Consequently, the continued detention was held untenable and was set aside; Customs was directed to release the watch and warehousing charges were waived. - HC
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