1987 (2) TMI 70

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....n enterprise which is carrying on business of merchant exporter of various kinds of fabrics. As per the Import Policy Appendix 19 of AM-88, the petitioner has been given an import licence for importing raw material without payment of any Customs duty. That the petitioner has been given such an import licence is not disputed. In fact, as it is mentioned in paragraph 4 of the petition, the Deputy Ch....

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....ulars about the same. 2. The petitioner has specifically stated in the petition that there was a delay of 6 days on his part, but it was entirely due to the inadvertence of the clerk of the clearing agents. 3. After the respondents came to know of the fact as informed by the petitioner, the goods were seized and an order purported to be under Section 11(1) of the Customs Act was issued by th....

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....ly under an import licence which has been given by competent authority. Though there was a time lag between the clearance of the goods and the application for notified number, that time lag has been convincingly explained in the petition and it has not been denied even in the oral arguments before me. 5. However, Mr. Rege says that the investigations is in progress to find out whether the petit....

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....what he has stated is correctly recorded. 6. I have not a moment's hesitation in rejecting Mr. Rege's contention that the Customs authorities here are in law empowered to investigate into the correctness or otherwise of an import licence given by the appropriate authorities.. It is not the contention on behalf of the respondents before me that they are suspecting that the import licence is a fo....