REGENT COMPUTRONICS PVT. LTD.

R Karuppan Appellant

V/S

R Namachivayam Respondents

Referred Judgements :-

CUSTOMS,MADRAS V. MADRAS ELECTRO CASTINGS (P) LTD [REFERRED TO]
R P KAPUR VS. SARDAR PRATAP SINGH KAIRON [REFERRED TO,1961 (2) SCR 143,1961 (2) CRLJ 161]
A V VENKATESWARAN COLLECTOR OF CUSTOMS BOMBAY VS. RAMCHAND SOBHRAJ WADHWANI [REFERRED TO,1962 (64) BOMLR 386,1962 (1) MLJ(SC) 83,1962 (1) MLJ 83]
COLLECTOR OF CUSTOMS MADRAS VS. K GANGA SETTY [REFERRED TO,1984 ECR 127,1963 (2) SCR 277]
S R TEWARI VS. DISTRICT BOARD AGRA NOW ANTARIM ZILA PARISHAD AGRA [REFERRED TO]
S PARTAP SINGH VS. STATE OF PUNJAB [REFERRED TO,1964 (4) SCR 733,1981 (3) SLR 737 ANDROWJEEV.STATE OF ANDHRA PRADESH(AIR 1964 SC,962).]
SALES TAX OFFICER JODHPUR VS. SHIV RATAN G MOHATTA [REFERRED TO]
BEHARILAL SHYAMSUNDER VS. SALES TAX OFFICER CUI CIRCLE CUTTACK [REFERRED TO]
COLLECTOR OF CUSTOMS AND EXCISE COCHIN VS. A S BAVA [REFERRED TO,1968 (1) SCJ 658]
L HIRDAY NARAIN VS. INCOME TAX OFFICER BAREILLY [REFERRED TO]
MOHINDER SINGH GILL VS. CHIEF ELECTION COMMISSIONER NEW DELHI [REFERRED TO]
SHIV SHANKAR DAL MILLS INDER SAIN VS. STATE OF HARYANA [REFERRED TO]
VISHUNDAS HUNDUMAL VS. STATE OF MADHYA PRADESH [REFERRED TO]
TITAGHUR PAPER MILLS COMPANY LIMITED VS. STATE OF ORISSA [REFERRED TO]
ASSISTANT COLLECTOR OF CENTRAL EXCISE CHANDAN NAGAR WEST BENGAL VS. DUNLOP INDIA LIMITED [REFERRED TO]
BHIM SINGH MLA VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
KUNTESH GUPTA VS. MANAGEMENT OF HINDU KANYA MAHA VIDYALAYA SITAPUR U P [REFERRED TO,1987 AIR(SC) 2186]
NILABATI BEHERA ALIAS LAUTA BEHERA VS. STATE OF ORISSA [REFERRED TO]
CHANDIGARH ADMINISTRATION VS. JAGJIT SINGH [REFERRED TO]
GURSHARAN SINGH ASHWANI SACHDEVA VS. NEW DELHI MUNICIPAL COMMITTEE:NEW DELHI MUNICIPAL COMMITTEE [REFERRED TO,1996 (1) SUPREME 683,1996 (1) SCALE 615,1996 (2) SCC 459]
K S PAPANNA VS. DEPUTY COMMERCIAL TAX OFFICER GUNTAKAL [REFERRED TO]
K R AHMED SHAH VS. ADDITIONAL COLLECTOR OF CUSTOMS MADRAS [REFERRED TO]

JUDGEMENT

(1.) THIS writ appeal is directed against the order passed by Kanakraj, J., in W.P. No. 3870/96, dated 16 -8 -1996 dismissing the writ petition which is filed for issuing a writ ofCerticrarified Mandamuscalling for the records relating to the order passed in proceedings No. O.S. 377/96, dated 18 -3 -1996 and to quash the same and further direct the respondents to release the weapons, and direct the payment of costs and punitive damages to the tune of Rs. 5 lakhs.

(2.) THE order dated 18 -3 -1996 which is sought to be quashed is an order holding that the five fire arms brought by the appellant from London are not entitled to the benefit of the Customs Notification 146/94, that the value of the fire arms was Rs. 4, 02, 379/ - and that the Fire Arms had been imported without a valid import licence, in contravention of the provisions of Foreign Trade (Development and Regulations) Act, 1992 and was liable for absolute confiscation under Section 111(d) of the Customs Act, 1992. A further penalty of Rs. 10, 000/ - was imposed under Section 112(a) of the Customs Act.

(3.) ACCORDING to the Department, the import of the goods without a valid import licence is liable for confiscation under Section 3(3) of the Foreign Trade (Development and Regulation) Act, 1992 read with Section 111(d) of the Customs Act, 1962 and that the appellant has not produced the valid arms licence issued by the police authorities in terms of the provisions of the Arms Act, 1959

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R KARUPPAN Vs. R NAMACHIVAYAM

Referred Judgements :-

JUDGEMENT

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