1987 (7) TMI 114

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.... without proper import licence. Hence there were adjudication proceedings and an order was passed on 17th September, 1981, whereby the said sets were confiscated under Section 111 of the Customs Act (hereinafter referred to as "the Act") read with Section 3 of the Imports and Exports (Control) Act, 1947. However, an option was given to the petitioners to pay in lieu of such confiscation a fine of ....

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....f fine. If at all the Customs authorities wanted to have the order revived, they should have done so after proceedings under Section 129(d) of the Customs Act. Mr. M.R. Sathe for the petitioners drew my attention to the case of Dina Baldev v. Collector of Customs, reported in 63 Bombay Law Reporter (Page 873). It clearly lays down the proposition that such an action would be a nullity and can be s....