9911796707
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Issues:
Interference with the trial judge's discretion, Importation of gold, Show cause notice response, Export commitment and foreign exchange, Suspension of export license, Duty of the court in exportation matters. Interference with Trial Judge's Discretion: The appellate court should not interfere with the trial judge's discretion unless it is deemed perverse or not in line with legal principles. The court must assess the factual context to determine the appropriateness of the trial judge's decision. In this case, 50 Kgs. of gold was imported by MMTC and transferred to the appellant without requiring full security, indicating MMTC's confidence in the appellant's credibility. The court expressed surprise at the government organization's actions but ultimately upheld the trial judge's decision not to interfere. Importation of Gold: The appellant had been receiving gold from MMTC for six months, with the last consignment being 50 Kgs. Despite a previous incident involving the exportation of incorrect goods, MMTC trusted the appellant and provided 20 Kgs. of gold without full security. The court acknowledged MMTC's right to decide whom to trust but questioned the government's actions in this case. Show Cause Notice Response: Following a search and seizure by Calcutta Customs, a show cause notice was issued to the appellant. The trial judge directed the appellant to respond within eight weeks and allowed departmental proceedings to continue. The appellant challenged this order, arguing that they had manufactured jewelry for export as per court orders, and requested permission to export to fulfill their commitments. However, the trial judge did not grant permission for export due to the suspension of the appellant's export license. Export Commitment and Foreign Exchange: The appellant's export license was suspended, preventing them from exporting jewelry to meet their commitments. The trial judge refused to intervene in export matters, stating it was not the court's duty to facilitate exports. The appellant's plea to export through a court-appointed Special Officer was denied, leading to the dismissal of the appeal. Suspension of Export License: The appellant's export license was suspended, rendering them unable to export jewelry in compliance with the law. Despite the appellant's argument that substantial foreign exchange would be lost without export, the trial judge did not allow exportation and discharged the Special Officer without further obligations. Duty of the Court in Exportation Matters: The trial judge's decision not to intervene in export matters was upheld by the appellate court. The court agreed that it should not act as an exporter on behalf of parties and should not interfere with the trial judge's detailed reasoning on the case. The appeal was dismissed, and no costs were awarded. The respondents did not admit the allegations in the petition, and undertakings in the petition were discharged. A certified copy of the order was directed to be provided to the parties promptly.
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