Skip to content


Judgment Search Results Home > Cases Phrase: customs act 1962 Court: delhi Year: 1987 Page 1 of about 602 results (0.078 seconds)

Aug 03 1987 (HC)

Martins Hans Peter Vs. Union of India and Others

Court : Delhi

Decided on : Aug-03-1987

Reported in : 33(1987)DLT133; 1987(32)ELT297(Del)

..... permit in support of the legal importation of the gold tablets, the same were seized by the customs officers on the reasonable beliefs that the same were smuggled and were liable to confiscation under the provisions of customs act, 1962 read with foreign exchange regulation act, 1963. 3. in his statement made on the same day, the petitioner admitted the recovery ..... datta and miss denaz bhesania of the words '..... in orderin their statements u/s 108 of the to avoid customs check atcustoms act, 1962 'disclosed that the calcutta airport.....'onsaid passenger (detenu) .... in order the contrary, miss denazto avoid customs check at calcutta bhensania in her statementairport, request for help from miss says that mr. bhowmick,denaz bhesania to ..... and regulations. the statements of other connected witness were also recorded before the proposal for taking action under the cofeposa act was initiated. 4. the petitioner was arrested u/s 104 of the customs act on 7-8-1986 and produced before the learned chief judicial magistrate, barasat. his bail application on the next day was rejected by the ..... send his (detenu) supdt. of customs told herto bombay as an in-transit passenger.' that the detenu 'should not(emphasis provided) .....

Tag this Judgment!

Dec 15 1987 (HC)

Kasturi Lal Vs. Collector of Customs New Delhi and Others

Court : Delhi

Decided on : Dec-15-1987

Reported in : 35(1988)DLT17

..... learned counsel for the petitioner submits that till today no seizure has been effected as contemplated under section 110(1) of the customs act, 1962. 4. mr. watwani, learned counsel for the respondent submits that the seizure has been effected by the panchnamas themselves. 5. section 110(1) of ..... of the said goods. it is then recited in the panchnama 'on reasonable belief by the customs officer kept the above said (recovered) goods under detention and take over the same under the provisions of the customs act, 1962 for further verification of the lawful importation/purchases/acquisition/possession etc. of the said goods.' ..... the customs act, 1962 provides as under :- '110.(1) if the proper officer has reason to believe that any goods are liable to confiscation under this act, he may seize such goods : provided that where it is not practicable to seize ..... order. so long as the satisfaction is not recorded, there is not right to seize. till today no order has been passed by any customs officer seizing the goods under the reasonable belief as contemplated under section 110(1). 7. though the matter was at the show cause stage, however ..... that the panchnamas dated 21st august, 1987 filed as annexures 'a' and 'b' whereby the goods of the petitioner were taken away by the customs officers may be quashed and the said goods may be ordered to be released. 2. it appears that certain panchas were called by the central ( .....

Tag this Judgment!

Mar 10 1987 (HC)

Mis. Punjab Diary Development Corporation Ltd. Vs. Union of India and ...

Court : Delhi

Decided on : Mar-10-1987

Reported in : 1987(30)ELT241(Del); 1987RLR319

..... minister of punjab wrote a letter dated 7th january 1976 to the union minister of finance requesting for an order being passed under section 25(2) of the customs act, 1962 for exemption from payment of customs duty. pending decision on the request of the state government, the central government permitted provisional duty-free clearance of the machinery and equipment on an undertaking being ..... for release of the goods. (9) the first submission of the petitioner before me was that the central government ought to have exercised its power under 25(2) of the customs act and granted exemption from payment of duty. section 25(2) reads as follows :- '25(2)if the central government is satisfied that it is necessary in the public interest so ..... (ccp) and the bill of entry. the goods so imported were accordingly seized. a show cause notice dated 4th october 1976 was issued alleging contravention of the provisions of the customs act and the import trade control regulations. the goods are categorised into three categories and the allegation was that the petitioner had (a) under-declared the value of goods cleared under ..... fact, if realisation had not been effected, .the petitioners would have been informed accordingly. (8) with regard to the petitioner's claim for exemption from payment of customs duty under section 25(2) of customs act, the government of india vide its order dated 9th november 1981 refused to grant the exemption prayed for. thereafter, the writ petition has been filed in which .....

Tag this Judgment!

Mar 04 1987 (HC)

Jyoti Prashad and Others, New Delhi Vs. Union of India and Others

Court : Delhi

Decided on : Mar-04-1987

Reported in : 1987(12)ECC343; 1987(29)ELT514(Del)

..... s (national), 12 blank video cassettes, 1 kenica c-35 camera and 2 video games. the assistant collector, air customs, delhi airport confiscated the said goods under section 111 of the customs act, 1962 and valued the goods at rs. 13,600/- and imposed a personal penalty of rs. 4,000/- under section ..... of the matter which in my opinion, appears to have been missed by all the authorities below. section 125 of the customs act, 1962 provides that the adjudicating officer has the discretion to release the prohibited goods by imposing fine in lieu of confiscation. section 125 of the ..... 112 of the said act vide spot adjudication order no. 1935 dated 2nd may, 1983. 2. the case of the petitioners ..... customs act reads as follows :- 's. 125(1) whenever confiscation of any goods is authorised by this act, the officer adjudging it may, in the case of any goods, the importation or exportation whereof is prohibited under this act or under any other law for the time ..... a revision petition before the central government which was also dismissed on 22nd october, 1984 on the basis that the petitioners had represented themselves to the customs for clearance together as a family and, thereforee, the declaration made by petitioner no. 1 was not a full declaration. the central government, however, .....

Tag this Judgment!

May 18 1987 (HC)

Achla Kakkar Vs. Administrator, Union Territory of Delhi and Others

Court : Delhi

Decided on : May-18-1987

Reported in : 1987(14)ECC177; 1987(31)ELT20(Del)

..... sale of garments. shri arun kakkar is the managing director of the company. on 5-4-1982, the government of india issued a notification under section 25(1) of the customs act, 1962 whereby the goods specified in the 1st schedule thereto and imported against an advance license issued under the imports (control) order, 1955, were exempted from ..... exported/attempted to be exported and as such all the goods under the above bills were seized under section 110 of the customs act, 1962 against proper panchnama on the reasonable belief that the same were liable to confiscation under the act. 5. on the basis of the disclosures made by shri arun kakkar, surveillance was mounted at his residence and factory premises. the ..... him from engaging in future illegal activities. 8. in the alternative, the submission of the learned counsel is that the department has launched criminal proceeding in this matter under the customs act, which are pending determination. the impugned order of detention, thereforee, is male fide, punitive, wholly unwarranted uncalled for, and indeed is contrary to the very intent and purpose of the ..... was recovered. during the course of the investigation, shri arun kakkar and arun kumar singhania were arrested, on 14-6-1986 for the alleged contravention of section 135 of the customs act. they were produced before the duty magistrate on 15-6-1986. in the course of time, the detenu and his co-accused were released on bail. in the meantime, on .....

Tag this Judgment!

Dec 18 1987 (HC)

Kasturi Lal Vs. Collector of Customs and ors.

Court : Delhi

Decided on : Dec-18-1987

Reported in : 1988(34)ELT444(Del)

..... counsel for the petitioner submits that till today no seizure has been effected as contemplated under section 110(1) of the customs act, 1962.4. mr. watwani, learned counsel for the respondent submits that the seizure has been effected by the panchnamas themselves.5. section 110(1) of the ..... of the said goods. it is then recited in the panchnama 'on reasonable belief by the customs officer kept the above said (recovered) goods under detention and take over the same under the provisions of the customs act, 1962 for further verification of the lawful importation/ purchases/acquisition/possession etc. of the said goods.'3 ..... customs act, 1962 provides as under :-'110.(1) if the proper officer has reason to believe that any goods are liable to confiscation under this act, he may seize such goods :provided that where it is not practicable to seize ..... the order. so long as the satisfaction is not recorded, there is not right to seize. till today no order has been passed by any customs officer seizing the goods under the reasonable belief as contemplated under section 110(1).7. though the matter was at the show cause stage, however, ..... that the panchnamas dated 21st august, 1987 filed as annexure 'a' and 'b' whereby the goods of the petitioner were taken away by the customs officers may be quashed and the said goods may be ordered to be released.2. it appears that certain panchas were called by the central (preventive .....

Tag this Judgment!

Mar 10 1987 (HC)

Punjab Dairy Development Corporation Ltd. Vs. Union of India and Other ...

Court : Delhi

Decided on : Mar-10-1987

Reported in : 1987(12)ECC135; ILR1987Delhi93

..... minister of punjab wrote a letter dated 7th january 1976 to the union ministry of finance requesting for an order being passed under section 25(2) of the customs act, 1962 for exemption from payment of customs duty. pending decision on the request of the state government, the central government permitted provisional duty-free clearance of the machinery and equipment on an undertaking being ..... release of the goods. 9. the first submission of the petitioner before me was that the central government ought to have exercised its power under section 25(2) of the customs act and granted exemption from payment of duty. section 25(2) reads as follows :- '25(2). if the central government is satisfied that it is necessary in the public interest ..... (ccp) and the bill of entry. the goods so imported were accordingly seized. a show cause notice dated 4th october, 1976 was issued alleging contravention of the provisions of the customs act and the import trade control regulations. the goods are categorised into three categories and the allegation was that the petitioner had (a) under-declared the value of goods cleared under ..... fact, if realisation had not been effected, the petitioners would have been informed accordingly. 8. with regard to the petitioner's claim for exemption from payment of customs duty under section 25(2) of customs act, the government of india vide its order dated 9th november, 1981 refused to grant the exemption prayed for. thereafter, the writ petition has been filed in which .....

Tag this Judgment!

May 15 1987 (HC)

Dalip Singh Vs. Union of India

Court : Delhi

Decided on : May-15-1987

Reported in : 1987(14)ECC161

..... h.c. goel, j.1. the facts giving rise to this petition under section 130(3) of the customs act, 1962 (for short 'the act') briefly stated are that on december 14, 1980 cia police staff of amritsar interpreted one ramesh kumar near the house of dalip singh, ..... to the other co-notices shri ramesh kumar and sardar mangal singh. v. whether the collector could ignore the statement recorded under section 108 of the customs act, which was relied upon in the show cause notice by the department and could a new case be made out by the collector which was not ..... the alleged incident. ii. that on admitted facts the seizure was made by the police and not under the provisions of the customs act. the provisions of section 123 of the customs act would not apply and the department has failed to prove that this was smuggled gold. the petitioner has denied his connection with the ..... knowledge and reason to believe that the same was liable to confiscation as required under section 112 of the customs act. iv. whether the collector could ignore the statements recorded under section 108 of the customs act, which was relied upon in the show cause notice by the department and could a new case be made ..... void ab initio and nullity in law because there was no statement recorded under section 63/64 of the gold (control) act, and the statement made under section 108 of the customs act are not admissible in law, because first information report had been registered with regard to the alleged incident being fir no. 352 .....

Tag this Judgment!

May 15 1987 (HC)

Dalip Singh Vs. Union of India and Others

Court : Delhi

Decided on : May-15-1987

Reported in : AIR1988Delhi169; 1989(43)ELT415(Del); [1988]70STC264(Delhi)

..... h.c. goel, j.1. the facts giving rise to this petition under section 130(3) of the customs act, 1962 (for short 'the act'), briefly stated are that on december 14, 1980, the cia police staff of amritsar intercepted one ramesh kumar near the house of dalip ..... the other co-notices shri ramesh kumar and sardar mangal singh v. whether, the collector could ignore the statement recorded under section 108 of the customs act which was relied upon in the show-cause notice by the department and could a new case be made out by the collector which was not ..... alleged incident. ii. that, on the admitted facts, the seizure was made by the police and not under the provisions of the customs act. the provisions of section 123 of the customs act would not apply and the department has failed to prove that this was smuggled gold. the petitioner has denied his connection with the alleged ..... to believe that the same was liable to confiscation as required under section 112(b) of the customs act iv. (sic) v. (sic) whether the collector could ignore the statements recorded under section 108 of the customs act which was relied upon in the show-cause notice by the department and could a new case be ..... void ab initio and nullity in law because there was no statement recorded under sections 63/64 of the gold (control) act, and the statements made under section 108 of the customs act are not admissible in law, because the first information report had been registered with regard to the alleged incident being fir no. .....

Tag this Judgment!

Aug 31 1987 (HC)

Shiv Inarayan Vs. Union of India and ors.

Court : Delhi

Decided on : Aug-31-1987

Reported in : ILR1987Delhi544

..... evident that you have smuggled goods into india and unless prevented, you will continue to do so in future. although both the prosecution and the departmental adjudication proceedings under the customs act, 1962 have been initiated against you, i am satisfied that it is necessary to detain you under the conservation of foreign exchange and prevention of smuggling activities ..... petitioner is 932.8 grams. the gold was seized on the reasonable belief that the same was smuggled into india and hence liable to confiscation under the provisions of the customs act, 1962. subsequently their statements u/s 108 of the customs act were recorded. during the examination of the remaining baggage of the said passengers, shri manmohan singh malhotra gave a slip to the ..... customs and escaped. others were arrested u/s 104 of the customs act on 5-9-1986. (4) the residential premises of the present petitioner were searched but nothing incriminating was found. however, in his statement, he admitted the recovery and seizure ..... scrutiny of his passport revealed that he departed from hong kong on 2-9-86 and arrived on 4-9-86. this aroused suspicion in the mind of the superintendent customs who instructed his staff to look for companions of the petitioner. the search resulted in the apprehension of four more persons, namely, manmohan singh malhotra, rawal singh, kanhaiya singh .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //