2021 (12) TMI 199

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....stoms<br>2021 (12) TMI 199 - PATNA HIGH COURT - TMI<br>PATNA HIGH COURT - HC<br>Dated:- 30-11-2021<br>Civil Writ Jurisdiction Case No. 11392 of 2021 - -<br>Customs<br>HONOURABLE THE CHIEF JUSTICE SANJAY KAROL And HONOURABLE MR. JUSTICE S. KUMAR For the Petitioners : Mr. Amarendra Kumar Pathak, Advocate For the Respondents : Dr. K.N. Singh (ASG) For the U.O.I. : Mr. Anshuman Singh, Sr. S.C. Cu....

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....f Section 7,11,46 & 47 of the Customers Act, 1962 read with section 3(2) of the FTDR Act, 1992 and notification(s) issued under Section 11 of the Customs Act, 1962 in as much as they have been found indulged in illegal import of 1257 Kgs. of Big cardamom of 3rd country origin (TCO) valued at Rs. 20,11,200/- through unauthorized route without having any valid/legal document(s)/papers from third cou....

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....rough unauthorized route without having any valid document (s) /papers and were carrying the same in violation of the provision of Section 7, 11, 46 & 47 4 of the said Act read with section 3(2) of the FTDR Act,1992. Therefore all the notices (petitioners) are liable for penalty U/S 112) of the Customs Act 1962 and confiscated the said seized goods of the petitioners U/S 111(b) of the Customs Act ....

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....ts as contained in Annexure - 2, 3 and 4 is without application of mind, illegal, arbitrary, whimsical and wholly without justification. (v) For holding that seizure of goods on 09.01.2019 by the officials of custom and initiation of proceeding/ unit case in 335-J register vide Unit Case No. 295/DPU/ 18-19 dated 09.01.2019 is illegal, arbitrary and wholly without jurisdiction. (vi) For a dir....