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Commissioner of Customs (General) Vs. S.S. Clearing and Forwarding Agency

Commissioner of Customs (General) vs S.S. Clearing and Forwarding Agency

Type Court Judgment Court Mumbai Decided Mar 08, 2006
~1 min read
https://sooperkanoon.com/case/352256

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Citation
Court
Mumbai High Court
Judge
Decided On
Case Number
Customs Appeal No. 7 of 2006
Subject
Customs

Case Summary

AI-generated summary - not the official court judgment text.

- INDIAN EVIDENCE ACT, 1872 Section 24: [V.S. Sirpurkar & Deepak Verma,JJ] Dying declaration - Multiple murders by accused - Dying declaration not implicating one accused - Evidence of eye witnesses however completely fixing his criminal liability Ocular evidence found credible Held, Absence of his name in dying...

Key legal issue
Customs
Acts & sections
Customs Act, 1961; Customs Act, 1962; Customs House Agents, Licensing Regulations, 1984

Parties & Advocates

Appellant / Petitioner

Commissioner of Customs (General)

Advocate Vijay Kantharia, Adv., ;i/b., T.C. Kaushik, Adv.

Respondent

S.S. Clearing and Forwarding Agency

Advocate S.N. Kantawala and ;Jogesh Rohira, Advs.

Legal References

Acts
Customs Act, 1961; Customs Act, 1962; Customs House Agents, Licensing Regulations, 1984
Reported In
2006(198)ELT332(Bom)

Excerpt

- indian evidence act, 1872 section 24: [v.s. sirpurkar & deepak verma,jj] dying declaration - multiple murders by accused - dying declaration not implicating one accused - evidence of eye witnesses however completely fixing his criminal liability ocular evidence found credible held, absence of his name in dying declaration would be of no help to accused. order1. the learned counsel for the appellant and mr. s.n. kantawala, the learned counsel for the respondent.2. the following substantial questions of law arise in this appeal:(a) whether for initiating inquiry proceedings under the provisions of the customs house agents, licensing regulations, 1984 against customs house agent, is it necessary or precondition to initiate action against the custom house agent under the provisions of customs act, 1962?(b) whether the inquiry proceedings under the customs house agents licensing regulations, 1984 are independent and distinct from any other penal action or any other proceedings under the provisions of customs act, 1961?3. admit.

Full Judgment

ORDER

1. The learned Counsel for the appellant and Mr. S.N. Kantawala, the learned Counsel for the Respondent.

2. The following substantial questions of law arise in this appeal:

(a) Whether for initiating inquiry proceedings under the provisions of the Customs House Agents, Licensing Regulations, 1984 against Customs House Agent, is it necessary or precondition to initiate action against the custom house agent under the provisions of Customs Act, 1962?

(b) Whether the inquiry proceedings under the Customs House Agents Licensing Regulations, 1984 are independent and distinct from any other penal action or any other proceedings under the provisions of Customs Act, 1961?

3. Admit.

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