CiteTEXT
...were covered by Section 116 of the Customs Act. The learned Counsel also submitted that the penalty for the alleged offence of smuggling of...under Section 117 of the Customs Act, we are of the view that all the Appellants have been imposed penalty for smuggling of...against M/s. Hindustan Machine Tools, Bangalore and others including the present Appellants for indulging in smuggling of IB cases, dials and hand sets; that a separate case of smuggling the watch...
...was the tindal of the vessel “Shahe-Nagina” which had been seized by the Customs Officer in 1977 for smuggling wrist-watches and that a penalty of Rs 5000 was levied against him...the vessel as a member of the crew had no “full knowledge that the vessel was to be used for smuggling activity”. The High Court held,“the above material on the record..., therefore, was not sufficient for reaching a genuine satisfaction that the petitioner was engaged in smuggling activity and it was necessary to detain him with a view to preventing him from indulging...
...Tukaram Gaokar v. S.N Shukla (1968) 3 SCR 422 this Court held that the initiation and continuance of proceedings for imposition of penalty on the appellant for ...complicity in the smuggling of gold under Section 112(b) of the Sea Customs Act, 1962 did not amount to a contempt of court though his trial in a criminal court for offences under Section 135(b) of that.... On December 14, 1963 the respondent drew from the Boys' Fund of the College two sums of Rs 189 for payment of scholarship to the two Harijan students for the period from May to November 1963. On...
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R 1974 SC 642 (6)
ACT:
The Sea Customs Act, 1962, ss. 111, 112, 135--Prosecution before Magistrate for smuggling gold under s. 135--Collector of Custotm also issuing noti...the smuggling. It is quite clear that identical issues arise in proceedings for imposition of penalty under s. 112(b) of the Sea Customs Act. 1962 and in a trial for an offence punishable under s. 135...of the appellant. Thereafter the appellant along with certain other persons was charged before. a Magistrate for offences in connection with the smuggling of gold under s. 120 B of the Indian Penal...
...statement of the detenu of the year 1980 and also the other particulars regarding the levy of penalty for smuggling illicit liquor during 1980.30. Before considering the materials on...apprehended with smuggled liquor while he was transporting the same in his car MDT 2833 for, which he was imposed a penalty of Rs. 1,000/-;(ii) from the documents seized from his residence the...absolutely no basis for the allegation of smuggling beedi leaves. Further, the activities referred to by the detaining authority may at best be referable only to Section 3(1)(iii) and 3(1)(iv) of the act...
...penalty for abetment of smuggling of three motorcars of a kind, which were prohibited for export in view of their age. It is the department’s case that the export was facilitated by production of the...in any manner. There is no reason adduced by the Commissioner for imposing penalty on the other applicants, or anything that shows the applicants acts or omissions which contributed to smuggling...department would not be relevant for the purpose of imposition of penalty under Section 14 of the Act unless it can be shown that his acts or omissions were nothing and facilitated to the export...
...representative.3. The Commissioner’s order was passed on a notice proposing penalty for abetment of smuggling of three motor cars of a kind which were prohibited for export in...for imposing penalty on the other applicants, or anything that prima facie shows the applicants acts or omissions which contributed to smuggling.5. We therefore dispense with the deposit of pe...years being shown. Whether his functioning as a motor vehicle inspector was contrary to the guidelines or his department would not be prima facie relevant for the purpose of imposition of penalty...
...as authorities invested with a power to check the smuggling of goods and to impose penalty for loss of revenue being different, they were not police officers but then the Court took notice of the...exercise their power under the Act, it is not exercising its power as an officer to check smuggling of goods; it acts for the purpose of detection of crime and bringing an accused to book...statement, the appellant was arrested on 15-8-2004. Allegedly, a statement was made by him in terms of Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the Act”). The...
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The petitioner's late husband was proceeded with by imposing penalty under Section 112(b) of the Customs Act, 1962, for smuggling and dealing with 40 Kgs of Gold valued at Rs.9,42,00,000/-. ...for the said allegation of smuggling and dealing with
40 Kgs..., apprehending initiation of coercive measures against her to realise the penalty amount of Rs.10,00,000/- (Rupees ten lakhs only). Learned counsel for the petitioner submits that the whole proceedings...
.... 3. Therefore, there is no basis for the finding that the appellant was involved in the offence of smuggling of diamonds and gold. We, therefore, set aside the penalty imposed on him and...of Rs.1 lakh for smuggling rough diamonds and gold into India and smuggling out cut and polished diamonds outside India. 2. We have heard both sides. The case of the department is...2. Whether it should be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not? : 3...
...disposal as it pertains to the year 2009.
4. In the impugned proceedings, the respondent was arrested on 11.08.2006 for smuggling of the foreign currency of value in Indian Rupees was `12,53,531/- and ...act of smuggling of foreign currency of `31,64,000/-, for which the ld. Commissioner has imposed a penalty of `15 lakhs, observed by the revenue is inadequate. For that act, the ld. Commissioner has...lakhs for the act of export of foreign currency to the tune of `12,53,531/- and for the past activity, a penalty of `15 lakhs was imposed on the respondent. The revenue is in appeal only against part of...
...pertains to the year 2009.4. In the impugned proceedings, the respondent was arrested on 11.08.2006 for smuggling of the foreign currency of value in Indian Rupees was 12,53,531/- and penalty of...6 lakhs was imposed on the respondent. The penalty of 6 lakhs for Indian Rupees of 12,53,531/- as observed by the department is correct and reasonable. But for the earlier act of smuggling of...on earlier four occasions also, he has successfully smuggled the currency out of India to the tune of 31,64,000/-. The adjudication took place. The ld. Commissioner imposed a penalty of 6 lakhs for...
...appellants were involved in the racket of smuggling of red sanders for which the adjudicating authority has imposed proper penalty.3. We were given an impression by appellants that they were not...D.N Panda, Judicial Member:— Appellants' grievance is that without being involved in the racket of red sanders smuggling, they were implicated for no reason and without any basis of...investigation. There is also no inculpatory statement made by them. Therefore, there cannot be a case against appellants for imposition of penalty under section 114(i) & (iii) of the...
...Section 112 (a) of the Customs Act for abetting smuggling. Originally, a Final Order No. 279/2007, dated 8-2-2007 [ (Tribunal...[Order per : T.K. Jayaraman, Member (T)]. - The appellant is a company incorporated in Singapore. In the impugned order, the Commissioner has imposed penalty under...)] was passed by this Tribunal setting aside the imposition of penalty on the ground of violation of the principles of 'Natural Justice' because the appellant did not receive the show cause notice...
...Madras identified Ghaverchand Samarthajee as an employee of R.G Bhandari used for gold smuggling business at Bangalore. The case was adjudicated and the currency was confiscated. A personal penalty of...O. Chinnappa Reddy, J.— Bhawarlal Ganeshmalji whose application for the issue of a writ of habeas corpus was reflected by the High Court of Madras, is the appellant in...Criminal Appeal No. 233 of 1978. He has also filed Writ Petition No. 4327 of 1978 for the issue of a writ of habeas corpus under Article 32 of the Constitution in which he has raised certain grounds which...
...the writ petitioner relating to 75 Warders, Barbers etc. to whom penalties were levied for smuggling tobacco into the precincts of Tihar Jail Complex. Put in a tabulated form the penalties would be as under:-
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62. Sanjeev Kumar, Smuggling of Penalty of reduction to a W-693 Tobacco lower stage in the time scale of pay for a period of two years without cumulative effect vide order dat...
63. Satbir Singh, Smuggling of Dismissed on
24.10.2007 W-982 Tobacco and penalty modified to a reduction by 02 stages for 03 years with...
...[Order]. - The Respondent is not present today despite notice.2. Learned DR submits that the act of smuggling did not call for waiver of...penalty and setting aside of the confiscation. Therefore, the first appellate order may be reversed.3. Heard Revenue and perused the appellate order....4. Para 5 of the appellate order brings out the reason for the order granting relief to Respondent. The reason states that the statement recorded under...
...Vasudev Moolrajani proposing confiscation of the consignments on the ground of mis-declaration and under-invoicing and proposing imposition of penalty for smuggling of contraband.4...manufacture and assembly of various items including Electronic Calculators, Digital Electronic watches and Modules thereof, Electronic clocks etc. for which purpose they imported various items such as BC...’ contention that there can be no mis-declaration prior to the filing of the bill of entry; held that calculations are admissible for the purpose of valuation and upheld the charges in the Show Cause...
...lend credence to the claim of the learned consultant. Sheep is not an item which is regularly smuggled or commodities prone to smuggling, which would once again support the case for reduced penalty...the vessel for confiscation and consequential imposition of fine in lieu of confiscation and imposition of penalties. Today also, the appellants are not contesting the issue relating to smuggling and...liability to confiscation and penalty. Learned consultant for the appellants submitted that appellants are poor persons and the very fact that they had brought sheep of foreign origin in the vessels...
...of the learned consultant. Sheep is not an item which is regularly smuggled or commodities prone to smuggling, which would once again support the case for reduced penalty. Having regard to the...Salemamad. Both the appellants are in appeal against this order.2. Heard both sides. In this case, there is no dispute regarding smuggling of sheep and liability of the vessel for...confiscation and penalty. Learned consultant for the appellants submitted that appellants are poor persons and the very fact that they had brought sheep of foreign origin in the vessels for a small...