UNION OF INDIA Vs. JAIN SHUDH VANASPATI LIMITED

JUDGEMENT

(1.) The 1st respondents imported RBD palm oil during the period November, 1978, to March, 1979, and cleared the same in the quantity of 13,500 metric tones. Import of the said oil was permissible. On 11th October, 1979, the 1st. respondent were served with show cause notices under Section 28 of the Customs Act and, on 21st January, 1980, with show cause notices under Section 124 thereof. The show cause notices stated that the said oil had been imported in containers made of stainless steel, which was a banned item, but which had been painted over to give the impression that they were made of mild steel. Thus, Customs duty had not been levied and the stainless steel containers were liable to be confiscated. The respondents were required to show cause there against. The respondents filed a writ petition in the Delhi High Court on 8th February, 1980, impugning the issuance of the Section 28 and Section 124 show cause notices. On 22nd August, 1980, the High Court allowed the writ petition.

(2.) This appeal is directed against the judgment and order of the High Court. When special leave was granted on 9th October, 1980, this Court ordered that the stainless steel containers which had been seized by the appellants would continue to remain under seizure and be kept in the factory premises of the 1st. respondents under the supervision of the Customs Officer. We are told that they so remain.

(3.) For completeness, it is necessary to mention that the appeal was dismissed on 28th November, 1991, but, on the review petition of the appellants, that judgment and order was set aside and the appeal was directed to be heard afresh, which is how we come to hear it.