2004 (1) TMI 84 - HC - Customs

Summary

Issues involved: Challenge against fine and penalty for importing marbles without a license.

Summary:
1. The petitioners imported marbles without a license and were fined under the Customs Act for such actions.
2. Despite previous fines, the petitioners continued to import marbles without a license, showing a disregard for the law.
3. The Tribunal allowed the release of goods but imposed duties, redemption fine, and penalties due to the petitioners' repeated illegal imports.
4. The High Court emphasized that writ jurisdiction should not be used to facilitate the avoidance of legal obligations or to aid those who deliberately breach the law. The petitioners, habitual importers of goods without a license, were not entitled to release confiscated goods based on subsequently obtained licenses to cover up their illegal imports.
5. The petition was dismissed with no costs awarded.
6. Case completion was expedited.

This judgment highlights the importance of upholding legal obligations and discouraging repeated illegal activities, especially in the context of importing goods without the required license.