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    <title>2026 (2) TMI 617 - MADRAS HIGH COURT</title>
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    <description>Goods imported under advance authorisation remained subject to the actual user condition, and the court treated unauthorised routing to other units, absence of proper accounts, and local market sales as diversion in breach of the exemption conditions and Foreign Trade Policy; confiscation and consequential duty liability were upheld against the importer side. Penalty on customs brokers was not sustained because the record did not establish deliberate participation in the diversion or the mens rea needed for penal action, as their role was confined to clearance and logistics; the broker penalties were therefore set aside.</description>
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      <description>Goods imported under advance authorisation remained subject to the actual user condition, and the court treated unauthorised routing to other units, absence of proper accounts, and local market sales as diversion in breach of the exemption conditions and Foreign Trade Policy; confiscation and consequential duty liability were upheld against the importer side. Penalty on customs brokers was not sustained because the record did not establish deliberate participation in the diversion or the mens rea needed for penal action, as their role was confined to clearance and logistics; the broker penalties were therefore set aside.</description>
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