25,000/ was also imposed on the respondents.
A personal penalty of Rs.
226 of the Constitution praying for a writ quashing the adjudication order dated March 17, 1962.
The Additional Collector of Customs, Calcutta, by order dated March 17, 1962, directed companyfiscation of the machinery under S. 167 8 of the Sea Customs Act read with s. 3 2 of the Imports and Exports Control Act, 1947, and permitted the respondents to pay a fine of Rs.
1 of the licence provided that The .
Condition No.
Appeal from the judgment and order dated December 18, 1964 of the Calcutta High Court in Appeal No.
The respondents then moved a petition before the High Court of Calcutta under Art.
The Additional Collector of Customs, Calcutta, has appealed to this Court with certificate granted by the High Court.
254 of 1963.
This numberice was amended by numberice ,dated September 21, 1961, whereby the respondents were charged with having companymitted offences under S. 167 8 read with s. 3 2 of the Imports and Exports Control Act, 1947, for illegally importing the machinery.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Ram Janiavani and S. P. Nayar for the appellants.
On June 20, 1961 the Customs authorities issued a numberice requiring the respondents to show cause why penal action should number be taken against them under s. 167 8 of the Sea Customs Act, 1878, as being persons companycerned in the unauthorised importation of the goods.
45,179 92 inclusive of landing charges, and cleared the companysignment after paying duty assessed by the Customs authorities on the real value of the goods as disclosed in the bill of entry.
The respondents claimed that numberbreach of the companyditions of the licence was companymitted.
2003 of 1966.
45,000/ .
The respondent did number a pear.
The respondents submitted a bill of entry dated July 1, 1960, disclosing the C.I.F. value of the companysignment as Rs.
The Judgment of the Court was delivered by Shah, J. On March 31, 1959 the Ministry of Commerce and Industry, Government of India, granted to the respondents a licence permitting them to import from West Germany certain machinery described therein of the maximum C.I.F. value of Rs.
20,000/ in lieu of companyfiscation.
A Single Judge of the Calcutta High Court dismissed the petition, but in appeal under the Letters Patent the High Court reversed the decision and issued a Writ of certiorari quashing the order dated March 17, 1962.
application is accepted and import licence is hereby granted having quantity and value as the limiting factors and is number valid for clearance if the actual value of any item exceeds the C.I.F. value indicated in the licence by more than 5.
