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Oct 25 2007

The Commissioner of Customs (import) Vs. Amrit Banaspati Co. Ltd.

Court : Mumbai

Decided on : Oct-25-2007

Subject : Customs

Acts : Customs Tariff (Determination of Orig of Goods under the Free Trade Agreement between the Democratic Socialistic Republic of Sri Lanka and the Republic of India) Rules, 2000; Prevention of Food Adulteration Act, 1954 - Sections 2, 5, 6, 11, 18 and 41(2); Prevention of Food Adulteration Rules, 1954; Prevention of Food Adulteration Rules, 1955; Customs Tariff Act, 1975 - Sections 5(1); Foreign Trade (Development and Regulation) Act, 1992 - Sections 5; Customs Act, 1962 - Sections 2, 2(33), 111, 112, 125 and 143; Sea Customs Act, 1878 - Sections 5, 16 and 18; Trade and Merchandise Marks Act; Drugs and Cosmetics Act, 1940 - Sections 41(1)

Reported in : 2008(1)ALLMR155; 2008(1)BomCR729; (2007)109BOMLR2328; 2007(123)ECC14; 2007(149)LC14(Bombay); 2007(218)ELT336(Bom)

products shall be subject to all the conditions laid down in the 1954 Act.10. Section 2(33) of the Customs Act, 1962 as well as Clauses (1) and (m) of Sections 2(ia) and Sections 5 & 6 of the 1954

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Oct 06 1990

State of Maharashtra Vs. Fazal Mohamood Tandel

Court : Mumbai

Decided on : Oct-06-1990

Subject : Customs

Acts : Customs Act, 1962 - Sections 107, 108 and 135(1); Imports and Exports (Control) Act, 1947 - Sections 5

Reported in : 1992(57)ELT63(Bom)

10, 11, 12, and 13 were convicted for offences punishable under Sections 135(1)(a), 135(1)(b) r.w. 135(1)(ii) of the Customs Act, 1962 and section 5 of the Imports and Exports (Control) Act, 1947. While accused Nos. 2, 3, 4, 7,

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Jul 29 1966

Collector of Customs, Madras Vs. Kotumal Bhirumal Pihlajani and ors.

Court : Chennai

Decided on : Jul-29-1966

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120-B; Customs Act, 1962 - Sections 107, 108 and 135; Foreign Exchange Regulation Act - Sections 23(1)(A) and 23(B); Defence of India Rules - Rule 131-B; Evidence Act - Sections 25; Code of Criminal Procedure (CrPC) - Sections 5(2), 161 and 162; Constitution of India - Article 20(3); Sea Customs Act - Sections 171-A

Reported in : AIR1967Mad263; 1967CriLJ1007

Customs, Madras against ten persons for offences under Section 120-B I.P.C. (conspiracy) read with Section 135 of the Customs Act 1962 (Central) Act 52 of 1962 (concerning smuggling of prohibited goods including possession knowing or having reason to believe … for offences under Section 120-B I.P.C. (conspiracy) read with Section 135 of the Customs Act 1962 (Central) Act 52 of 1962 (concerning smuggling of prohibited goods including possession knowing or having reason to believe them to be

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Jan 19 1998

Ms. Sophia Gulam Mohammed Bham Vs. the State of Maharashtra and Others

Court : Mumbai

Decided on : Jan-19-1998

Subject : CustomsCriminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1) and 5-A; Constitution of India - Article 22(5) and 226; Customs Act, 1962 - Sections 108

Reported in : 1999(5)BomCR446; 1999CriLJ2140

they were to be smuggled out of India and hence liable for confiscation under the provisions of the Customs Act, 1962. The dark blue suitcase, the rectangular packet which contained the polyethylene bag with diamonds, the lock and key … Mr. G.S. Sandhu -, Secretary to the Government of Maharashtra, Home Department (Preventive Detention), Mantralaya, Mumbai-400 032, under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) seeks … and copies of the documents relied on by the detaining authority totalling 57 in number, all the three shown in Annexures 'A ', 'B' and

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Jun 26 1990

Union of India (Uoi) Vs. Madan Dey and anr.

Court : Kolkata

Decided on : Jun-26-1990

Subject : CriminalFood Adulteration

Acts : Customs Act, 1962 - Sections 5, 135 and 137; ;Gold (Control) Act, 1968 - Sections 4, 85 and 97; ;Sea Customs Act, 1878 - Section 187-A; ;Imports and Exports Control Act, 1947 - Section 6; ;Income-tax Act, 1961 - Sections 271 and 279; ; Foreign Exchange Regulation Act, 1973 - Section 61; ;Companies Act, 1956; ;Electricity Supply Act - Section 77; ;Prevention of Corruption Act, 1947; ;Prevention of Food Adulteration Act, 1954 - Sections 14, 14A and 20; ;Calcutta Municipal Act, 1951 - Section 218; ;Code of Criminal Procedure (CrPC) - Section 417(3); ;Code of Criminal Procedure (CrPC) , 1974 - Sections 2, 37, 38, 39, 40, 43, 190, 193, 195 to 199, 378(4), 465, 537; ;Indian Penal Code (IPC) - Sections 118, 176, 187 and 202

Reported in : 1991CriLJ347,1991(34)ECC48

made by the learned Metropolitan Magistrate, 3rd Court, Calcutta, in a proceeding initiated under Section 135 of the Customs Act, 1962 and Section 85 of the Gold (Control) Act, 1968.2. Shortly stated the facts are that acting on an … Magistrate following the decision of the Division Bench of this Court in the case of Union of India v. Remo Morgani reported in (1980) 1 Cal HN p. 388. There, the question was whether complaint filed by

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Dec 26 1994

Asstt. Collector of Customs (P), Kandla Vs. Wong Ah Boo

Court : Gujarat

Decided on : Dec-26-1994

Subject : Customs

Acts : Customs Act, 1962 - Sections 108, 135 and 135(1); Imports and Exports (Control) Act, 1947 - Sections 5(1); Indian Penal Code (IPC), 1860 - Sections 34 and 120(B)

Reported in : 1996(81)ELT453(Guj); (1995)1GLR518

No. 1145 of 1994 is also dismissed. Customs - enhancement of sentence - Sections 108 and 135 of Customs Act, 1962, Section 5 (1) of Import and Exports (Control) Act, 1947 and Sections 34 and 120 (B) of Indian Penal Code,

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Jun 28 2004

Commissioner Customs Department Vs. Smt. Nirmala Mitra

Court : Patna

Decided on : Jun-28-2004

Subject : CustomsLimitation

Acts : Customs Act, 1962 - Sections 130A; Limitation Act, 1963 - Sections 5 and 29(2)

the matter be placed for further consideration on question of admission. Nagendra Rai, J.--I agree. Order accordingly. (A) Customs Act, 1962, Section 130-A - Indian Limitation Act, 1963, Sections 29(2) and 5--Applicability of provisions to condone the delay--Application filed under

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Apr 06 1982

Officer-in-charge, Customs, Berhampur Preventive Unit Vs. Minati Biswa ...

Court : Kolkata

Decided on : Apr-06-1982

Subject : CustomsCriminal

Acts : Bengal Criminal Law Amendment Act - Section 4(1); ;Customs Act, 1962 - Sections 104, 105, 107, 110, 110(1), 111, 122 and 151; ;Essential Commodities Act; ;Arms Act, 1955; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 5, 401, 451, 455, 457 and 482

Reported in : 1984(2)ECC219,1983(12)ELT798(Cal)

alleged that the seized goods were of foreign origin and liable to action under the provisions of the Customs Act, 1962 and prayed for necessary orders to enable the petitioner to receive the aforesaid cassettes for initiating action under … rem and the Act was enacted to ensure revenue to the Central Government. He draws our attention to Section 5 of the Code of Criminal Procedure, 1973 laying down 'Nothing contained in this Code shall in the absence

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Nov 03 2014

Sunil Gupta Vs. Union of India

Court : Mumbai

Decided on : Nov-03-2014

Subject : Land Acquisition

be pleased to issue an appropriate writ, order or directions, declaring the amendment to Section 28 of the Customs Act, 1962 by inserting clause (11), whereby, it provided "all persons appointed as officers of Customs under sub –section (1) … importer or the exporter, as the case may be, has paid duty with interest and penalty under sub -section (5), the proper officer shall determine the amount of duty or interest and on determination, if the proper officer

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Apr 19 1998

Sriram Mills and anr. Vs. Union of India and ors.

Court : Andhra Pradesh

Decided on : Apr-19-1998

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(33), 3(2) and (3), 11, 12, 25(1), (2) and (3), 111, 112, 143(A) and 167(8); Foreign Trade (Development and Regulation) Act, 1992 - Sections 11 - Rule 9; Constitution of India - Article 226; Import and Exports (Control) Act, 1947 - Sections 2(E), 3(2), 4, 5, 9, 11, 14, 15 and 20; Foreigh Trade (Development and Regulation) Ordinance, 1992; Foreigh Trade (Regulation) Rules, 1993 - Rules 2 and 6(2); Sea Customs Act, 1878 - Sections 19, 167(8) and 168

Reported in : 1998(3)ALD441; 1998(4)ALT207; 1998(61)ECC456

as the respondents, it is necessary to refer to the legal position obtaining under the Act and the Customs Act, 1962 and the respective jurisdiction and powers of officers under both the acts; The field of import and export … Imports and Exports (Control) Act, 1947 insofar as they are not inconsistent with the provisions of the Act. Section 5 envisages the Central Government to formulate and commence by the notification in the official gazette the export and

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